Comprehensive Representation For Property Division In Divorce

Last updated on August 28, 2026

Marital property division can be one of the most difficult and stressful issues in divorce. The longer the marriage, the harder it can be to separate out assets and debts into “equitable” shares. Working with an experienced family law attorney is essential to ensure the full disclosure of all marital property while protecting your unique interests.

Attorney Steven C. Girsky, founder of The Law Office of Steven C. Girsky in Clarksville, has more than 25 years of experience handling complex divorce and family law issues throughout Tennessee and Kentucky. He will take the time to understand your unique circumstances and take steps to achieve solutions that are tailored to your needs.

Identifying All Property At Stake

Some lawyers, in their haste to conclude a case, do not take proper time to ensure that all assets and debts have been put on the table so they can be fairly divided. Clarksville property division attorney Steven Girsky takes steps to ensure all marital property is included in your final settlement, including:

• The primary home
• Timeshares, vacation homes, cabins and other real estate assets
• Automobiles, boats, Jet Skis and other motor vehicles
• Complex assets such as retirement assets, pensions and investments
• Business assets from family-owned or -operated businesses
• Household goods, furniture and personal belongings

When necessary, he will work with qualified forensic accountants and other valuation experts to discover all assets and ensure that they are properly valued before division. He will keep you informed of all developments or discoveries and help you understand their implications for your case.

What Factors Do Tennessee Courts Consider When Dividing Property In A Divorce?

Tennessee follows equitable distribution, meaning the court divides property fairly but not necessarily equally. A judge weighs several factors before making that call. Here is what courts look at:

• How long the marriage lasted
• What each spouse contributed, whether financially or in other ways
• How much each spouse can earn
• The value of any separate property each spouse owns
• The age and health of each spouse
• Tax consequences for both parties

Understanding these factors can help you know what to expect and make better choices as your case moves forward. As your divorce lawyer, attorney Girsky will carefully review how each of these factors applies to your situation and work hard to protect your financial future.

Marital Property Vs. Separate Property In Tennessee

Before the court divides anything, it first needs to identify what counts as marital property and what counts as separate property.

Marital property generally includes assets and debts that you and your spouse acquired during the marriage, such as:

• The family home or other real estate purchased during the marriage
• Income that either spouse earned while married
• Retirement accounts and pension benefits built up during the marriage
• Vehicles, furniture and other personal property bought together
• Debts like mortgages, car loans or credit card balances taken on during the marriage

Separate property, on the other hand, belongs to one spouse alone and typically stays out of the division process. This usually includes:

• Assets either spouse owned before the marriage
• Gifts or inheritances one spouse received, even during the marriage
• Property one spouse acquired after the date of separation
• Anything that both spouses agreed in writing to keep separate

Separate property can sometimes become marital property if the lines between the two get blurred over time. For example, if you used an inheritance to pay for a shared home, a court may treat that money as marital property.

How Is The Value Of Marital Property Determined In A Tennessee Divorce?

Determining the value of a shared asset works differently depending on the type of property involved. For real estate, a licensed appraiser typically inspects the property and gives an independent opinion of its market value. For businesses, a financial professional reviews the company’s finances, assets and earning potential to come up with a fair value. Retirement accounts and investments usually get valued based on account statements taken at a specific point in time, such as the date of separation or the date of the divorce filing.

Division Of Shared Debts

The division of marital property also involves the division of shared debts. Attorney Girsky will work with you and the other side to ensure that debts such as the home mortgage, automobile debt, shared credit card debt, independent loans and other debts are shared evenly or fairly between both parties. He will take care that you are not responsible for more than you can handle.

Secure Your Fair Share Of Marital Assets

Open during weekly business hours, The Law Office of Steven C. Girsky offers off-site, evening and weekend appointments to clients in Kentucky and Tennessee. Payment plans are available and credit cards are accepted. Contact the firm or call 931-266-4689 for a free initial consultation.