No Postnuptial Agreement in Loudon County, TN Divorce: Ogle v. Duff

Herston on Tennessee Family Law

Facts: During this 5 ½ year marriage, Husband created a revocable trust into which several pieces of real property were transferred. Wife signed warranty deeds whereby she conveyed any marital interest she had in the properties to Husband as trustee of the Trust. Husband designated Wife and her children as beneficiaries of the Trust and named Wife as successor trustee.

download (2)Before the Trust was created, Husband and Wife had a conversation about creating the Trust. Wife recorded the conversation and introduced a transcript of the recording as an exhibit at the trial. The parties began by discussing the issues of distrust with each other and agreeing that they intended to stay married. The discussion then turned to the creation of the Trust to protect the properties from potential lawsuits connected to Husband’s land survey business. The recording did not indicate that the parties discussed divorce issues related to the division of…

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