TN divorce law when owning a house

[danielska]

The Tennessee divorce process seems to be easier for couples that don't own a house. Is it frowned upon or illegal in any way to sell a house before filing for divorce in order to make the process cleaner, cheaper, and easier for the married couple?

The divorce paperwork found here for an 'agreed divorce' https://www.tncourts.gov/help-center/court-approved-divorce-forms states that the packet can't be used if we "own buildings or land" together. I'm aware of the idea of dissipation of assets in the sense that I can't hide money away to make it seem like I have fewer assets (and I don't want to anyway). But does anything apply to us cooperating to sell the house and split what we might get from it evenly and fairly so that we are able to qualify for filing for an agreed divorce?

 

[Zigner]

If you both sell the house (and any other property) together before filing for divorce, then you aren't going to own property. It's not "dissipation of assets" unless there are other court matters currently pending that you haven't mentioned.

 

[quincy]

If you are still married, you as a couple can agree to sell your house and split the proceeds. You can agree to split up other property as well (e.g., you take this, I take that).

But both of you should know in advance that the house is being sold as a precursor to divorce. Your spouse should not be deceived into thinking the sale is anything but a way to smooth the way for divorce - especially since a court otherwise might award the house to one of you over the other.

It is best if you and your spouse have a written agreement drafted and signed, detailing your joint decision to split property in advance of the divorce, and list how the assets and debts are being split, so that there is no dispute over property division in the future.

Do you have children?

 

[LdiJ]

The Tennessee divorce process seems to be easier for couples that don't own a house. Is it frowned upon or illegal in any way to sell a house before filing for divorce in order to make the process cleaner, cheaper, and easier for the married couple?

The divorce paperwork found here for an 'agreed divorce' https://www.tncourts.gov/help-center/court-approved-divorce-forms states that the packet can't be used if we "own buildings or land" together. I'm aware of the idea of dissipation of assets in the sense that I can't hide money away to make it seem like I have fewer assets (and I don't want to anyway). But does anything apply to us cooperating to sell the house and split what we might get from it evenly and fairly so that we are able to qualify for filing for an agreed divorce?

Yes, you are perfectly free to sell your house and split the proceeds before you file for divorce. However, if either of you tries to play games with the proceeds of the house that will just make the eventual divorce even more complicated. I suggest that you tell the attorney or title company that handles the closing, that you want separate checks. That will keep you both honest.

 

[danielska]

Thank you everyone for the quick responses. They've been helpful and have made me feel more at ease about selling the house.

unless there are other court matters currently pending that you haven't mentioned

We don't have any other ongoing or potential court matters (that I'm aware of at least).

It is best if you and your spouse have a written agreement drafted and signed, detailing your joint decision to split property in advance of the divorce, and list how the assets and debts are being split, so that there is no dispute over property division in the future.

That sounds like a really good idea. We're both aware of the fact that it's only to make the divorce process easier, but it would be good to have it all recorded in case anything is called into question later.

Do you have children?

We have no children.

I suggest that you tell the attorney or title company that handles the closing, that you want separate checks. That will keep you both honest.

I appreciate the advice. I'll do that if it comes to it, but unfortunately the appreciation of the house may not cover the closing costs.