JIMMY D. OGLE V. JULIE D. DUFF - Articles

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Posted by: Landry Butler on May 24, 2017

Court: TN Court of Appeals

Attorneys 1:

Brian E. Nichols, Loudon, Tennessee, for the appellant, Jimmy D. Ogle.

Attorneys 2:

Mandy M. Hancock, Knoxville, Tennessee, for the appellee, Julie D. Duff.

Judge(s): BENNETT

Husband and Wife were married for approximately five and one-half years when Husband filed a complaint for divorce. Wife filed a counter-complaint for a divorce. The trial court granted the parties a divorce based on stipulated grounds, classified the parties’ assets as separate or marital, and divided the marital estate. Husband appealed, arguing that the trial court erred in (1) divesting a revocable trust of all assets and refusing to enforce a valid postnuptial agreement associated with the revocable trust; (2) classifying the increase in value of the marital residence as marital property; (3) classifying the increase in value of Husband’s premarital IRA as marital property; and (4) dividing the marital estate equally between the parties given the short duration of the marriage. We affirm as modified and deny Wife’s request for an award of attorney fees on appeal.

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