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Posted by: Tanja Trezise on Oct 18, 2012

Court: TN Court of Appeals

Attorneys 1:

Mitchell D. Moskovitz and Mary Morgan Whitfield, Memphis, Tennessee for the Defendant/Appellant Jeffery Charles Hayes

Attorneys 2:

Beth Brooks, Memphis, Tennessee for the Plaintiff/Appellee Melissa Marie Hayes

Judge(s): KIRBY

This is a divorce appeal, primarily over property issues. The parties were married for approximately six years, with no children born of the marriage. During the marriage, they owned several homes, including the home in which they lived, but some went into foreclosure. Given the complicated state of the parties’ finances, the trial was lengthy. At the conclusion of the trial, the trial court entered an order holding that the home in which the couple lived was the wife’s separate property and dividing the remainder of the parties’ assets and debts. The husband now appeals, raising numerous issues. We affirm in part, and reverse the finding that the home in which the parties resided was the wife’s separate property. In light of our holding that the home in which the parties lived was marital property, we remand the matter to the trial court for reconsideration of its division of the marital estate.