Vicki Lynn Fox v. Terry Wayne Fox - Concurring

I concur in the results reached by the majority and agree with most of the reasoning.  However, I do not fully agree with the analysis used to determine whether the Carol Lane Property and the Buffalo Valley Road Property were marital or separate. The analysis used by the majority starts with the presumption that property acquired during the marriage is marital, relying on the definition of marital property in Tenn. Code Ann. § 36-4-121(b)(1)(A). While the opinion acknowledges in a footnote the definition of separate property that includes property acquired in exchange for pre-marital separately owned property, Tenn. Code Ann. § 36-4-121(b)(2)(B), the analysis fails to take that definition into account.1 Logically, that definition should also create a “rebuttable presumption” that is equal in weight to the one used as the basis for the analysis herein.