Kane & Crowell

The official blog of Kane & Crowell, a Lebanon, Tennessee Law Office.

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

My-Parents-Gave-Me-Money-During-My-Marriage-Can-I-Get-That-Back-in-My-Divorce---Kane-Law

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.

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Domestic Violence: What you should know

Image: Domestic Violence Statistics  

            Every year in America, ten million (10,000,000) men and women are the victim of domestic violence.1  In 2014, 74,023 domestic violence crimes were reported to law enforcement agencies in Tennessee.2  Thousands of other incidents of domestic violence go unreported. 

            Law enforcement and the courts of the State of Tennessee approach domestic violence issues very seriously.  Accordingly, there are a number of statutes about domestic violence that Tennesseans should be aware of. 

            Often, when domestic violence is alleged and an arrest is made, the individual arrested will be held in jail for a minimum of twelve (12) hours.  Equally often, when such an individual makes bail and is granted release, a court will issue bond conditions which require the arrested individual to stay away from the victim.  For parties who reside together, this can mean no longer residing in the same house or apartment. 

            In addition, those who plead guilty or are convicted of domestic assault are prohibited from possessing firearms or acquiring firearms in the future in addition to the other statutory penalties, including misdemeanor imprisonment and fines.  Multiple convictions for domestic assault may result in felony penalties, including imprisonment. 

            Certain individuals, including victims of stalking, domestic abuse, or sexual assault may seek an order of protection from a court to prevent their attacker from coming about their person or contacting them.  Individuals against whom an order of protection is issued may not possess firearms and are required to transfer any firearms in their possession to a third-party within forty-eight (48) hours of the issuance of the order. 

            Individuals who violate an order of protection are subject to arrest and a mandatory twelve (12) hour hold in jail.  Violation of an order protection is a Class A misdemeanor, and any sentence imposed must be served consecutively to any sentence for a related domestic violence crime based upon the same factual allegations. 

            Attorneys at Kane & Crowell Family Law Center are experienced in both domestic and criminal matters related to domestic violence.  If you are interested in information about divorce or child custody, or if you have been arrested and charged with domestic violence, call us at (615) 784-4800. 

            If you, a friend, or a loved one, have experienced domestic violence, you have options.  Contact The National Domestic Violence Hotline at (1-800)−799−7233, or HomeSafe (for Wilson County residents) at (615) 444-8955.  You can also contact the Wilson County District Attorney’s Office at (615) 443-2863 or the Wilson County Sheriffs Department at (615) 444-1412 to learn more about orders of protection.

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1 https://ncadv.org/statistics

2 https://ncadv.org/assets/2497/tennessee.pdf             

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Alimony Taxation: What you should know

        tax forms   

            Signed into law on December 22, 2017 the “Tax Cuts and Jobs Act of 2017” makes changes to the existing tax code.  One of the important implications for our clients is the changes to alimony. 

            Under the previous law, alimony was deductible by the spouse paying alimony (the obligor).  Alimony received was considered taxable income on the tax return of the spouse receiving the spousal support (the obligee).  Accordingly, such alimony was taxed as the oblige spouse’s income.    

            The 2017 Tax act now changes this law going forward.  For divorces after December 31, 2018, alimony paid cannot be deducted by the obligor spouse.  At the same time, the obligee spouse does not have to pay taxes on alimony received. 

            This is a marked change in the existing tax laws regarding alimony, which has been the norm for seventy-five years.  It is important to note that the new law only affects divorces entered after December 31, 2018. 

            If you have any questions about divorce or alimony, contact Angel Kane at (615) 444-8081. 

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MEDIATION - WHEN IS IT A GOOD THING?

I get asked all the time – if we go to a mediator, can we save money?

The answer, in Tennessee, is no and yes.

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