Fred and Ethel have been married for over 40 years and now live in Memphis, Tennessee. They purchased a condominium in Gatlinburg. This is where people want to live when they visit Great Smoky Mountains National Park. After the marriage fell apart, the couple filed for divorce in 2004. They want to keep the apartment but they are not able to stay on good terms. The couple hired lawyers to assist them in negotiating a divorce settlement. It stipulated that the apartments could not be sold without their consent.
It was a question of whether or not the Divorce Settlement clause is valid under Tennessee law.
Two people can acquire the same property, but they become one owner when they marry. The husband and wife have equal rights to the property. This law clearly states that no one can sell the property without approval from the other. McGahey and Wilson 2001 Tenn. LEXIS 499. (Tenn. Ct.App. July 17 2001: A property owned jointly by husband and wife can’t be sold without their consent. This provision, which imposes an absurd limitation on property division, is not enforceable. McGahey, Wilson (2001) The court found the contract not null and the plaintiff did not have the power to partition the property.
One of the key problems with divorce judgment provisions is that they do not define a separate term. Unconstitutional rations that cease the transmission of property for an undetermined duration would be invalidated by a court (Eades 2021).
To protect all owners and preserve equal negotiation rights, special rules govern jointly owned and enjoyed property. This paragraph cannot be made mandatory as it limits the property’s use. Courts consider this to be a violation the owner’s rights.