Tag: Amanda Crowell Attorney

My Parents Gave Me Money During My Marriage, Can I Get That Back in My Divorce?


When you are going through a divorce, you will hear property being described as “marital property” and “separate property.” Generally, marital property are assets which were acquired during the marriage. If property is deemed marital during a divorce, then it will be subject to division by the divorce court.  Separate property can include property that was owned by you prior to the divorce, or a gift/inheritance which has been acquired during the marriage. If something as deemed is your separate property, then it will be not be subject to division by the divorce court.

If you are trying to claim that an inheritance or gift was made just to you, you will need to provide evidence of that, as your spouse may try to claim the inheritance or gift was made to the both of you. For example, if you are claiming that your parents gifted you $15,000.00 as a down payment on your house, you may want to produce bank statements or some kind of record showing that the money was gifted solely to you. If not, then the money can be considered marital property, which means it would be subject to an equitable division during your divorce. 

If you are filing for divorce or have more questions regarding property division during your divorce, contact Amanda Crowell at Kane & Crowell Family Law Center at www.kane-law.com or by phone at (615) 784-4800. We handle cases in Wilson County, Sumner County, Trousdale County, Macon County, Smith County, and Rutherford County and are happy to put our experience at work for you.

Amanda Crowell Attorney, Divorce, Marital Assets

Can I have my Marriage Annulled?


I am frequently contacted by potential clients who tell me that they have only been married for a short period – maybe a few days or a few weeks. They do not want to have to go through the divorce process and wonder if they can have their marriage annulled instead. 

The answer depends upon whether you have grounds for an annulment. Those grounds have nothing to do with the length of the marriage. If a marriage is annulled, it means that because of some defect, no valid marriage ever occurred between the parties. There is one ground for annulment in Tennessee law. If either of the parties is under the age of 16 years, the marriage may be annulled by one of the parties or by any interested person acting on his or her behalf. (T.C.A. 36-3-105.) Otherwise, annulment is based upon equity, and the Chancery Court has inherent jurisdiction. The grounds upon which Chancery Court could declare a marriage to be annulled are the following: 

1) Prior existing marriage. State law requires that a party be married to only one person.

2) Violation of statute. Parties must follow the mandatory provisions of the Marriage Act set forth in T.C.A. 36-3-306 pertaining to a marriage license, ceremony, etc.

3) Denial of Marital Rights. Parties must consummate the marriage and cohabitate unless otherwise agreed between the parties. One party may not have a secret intention to create a sham with the marriage.

4) Mental Capacity. Both parties must be able to form the requisite intent to consent to the marriage.

5) Impotency. This is defined as the inability to consummate the marriage which existed prior to the marriage and which is permanent, incurable, or the party refuses to submit to treatment.

6) Duress. This is coercion which renders the party incapable of freely consenting to the marriage. It may be by force, restraint or threat.

7) Fraud. The fraud must have been calculated to induce the marriage, and the innocent party must have relied upon such inducement.

If you believe you have grounds for annulment, it is important to speak with an attorney who can examine the facts of your case and determine if an annulment is appropriate in your situation.

Amanda Crowell Attorney, Marriage Annulment, Married for Short Period

Kane & Crowell, PLLC
Vita Infusion & Wellness logo

Kane & Crowell PLLC - Lebanon TN Law Firm - Attorney At Law - Serving Lebanon, Mt. Juliet, Watertown, Carthage, Gordonsville, Hartsville & Lafayette.

© Kane Law. All Rights Reserved. Website designed by Bear Web Design