Fisher v. Fisher

OPINION

DROWOTA, Justice.

The primary issue on appeal is whether the division of the parties’ marital property was just and reasonable as prescribed by T.C.A. § 36-825. In making this determination, we must first resolve an apparent conflict between members of the Court of Appeals and decide whether “fault” and “need” are proper factors to be considered by a court when adjusting the rights and interests of the parties in jointly owned property under T.C.A. § 36-825.

The parties had been married over 24 years when this case was heard. Mr. Fisher was 60 years of age, and Mrs. Fisher was 47 years…