Anna and Mark happen to be residents of Memphis, Tennessee. While these were married, they will purchased a condominium in Gatlinburg, Tennessee for holiday purposes. They will purchased the condominium with marital funds and as tenants by the whole. In 2005, Mark and Anna single, but maintained a friendly romantic relationship. Since they both wanted to still have access to all their condo in Gatlinburg, they'd their attorneys insert the following clause to their divorce agreement:
" Each hereto concur that given that both parties live, neither get together may offer, encumber, or else partition each of our condominium in Gatlinburg, TN without the consent of the other party. "
News, Mark has its own financial problems and really needs the money he could get via selling his share with the condo. Anna, who even now wants to continue to use the condominium, will not offer her consent on selling and canon afford to obtain him away. Mark seeks an action to partition the exact property, stating that the clause that was placed in the divorce agreement is usually not enforceable because it is a great invalid restraining on furor.
There are two issues to address here. The first one is whether or certainly not the arrangement Mark and Anna produced is an invalid restraint on furor. Once that issue is usually addressed, it might be determined when it is enforceable or if the action to canton should be granted.
In Connie McGahey versus. James Wilson, 2001 Tenn. App. LEXIS 499, McGahey and Pat had purchased land collectively as renters by the whole while these people were married. When they divorced, they entered into a property settlement arrangement that included a provision that the functions agreed the fact that property could not be offered unless each gave consent. When Connie sought a task to partition fifteen years later, the special expert that was appointed to the case by trial court docket found which the agreement was unenforceable as it violated general public policy. Afterwards, the appellate court established the decision but...