Law Assignment #2 Real Property

Law Assignment #2 Real Property

Issue

The present issue involves a divorced couple from Memphis, Tennessee. The couple had bought a condominium on their name. In the year 2004, their marriage fell apart. In 2012, the husband had financial issues and decided to sell his half of the condominium. Anna wanted to hold on to the property and did not allow him to sell his half. Mark cannot make the sale without the consent of the co-owner i.e. Anna. Mark intends to take up the matter in court as he believes that no restriction exists in their divorce agreement on property.

Rule

According to the Tennessee Federal & State Cases (2012); the following rules and court precedents relevant to the case scenario exist:

The state courts in Tennessee adhere to the Adversary Proceedings State Law concerning Marital Affairs and property disputes with reference to 11 U.S.C. § 523(a) Sections (5) and (15).

In a famous divorce case in Tennessee, Joiner v. Joiner No. M1999-01721-COA-R3-CV, Court of Appeals of Tennessee, Middle Section, At Nashville (2001). The Tennessee court did not deny the wife's request for a hearing in which she decided to challenge the divorce agreement.

The wife's lawyers asserted that the judge must overview the settlement between the wife and the husband. They argued that the property rights of the wife were not adequately catered in the divorce agreement and must be reviewed by the judge. Both the partners had initially agreed to a pre-determined division of their mutually held properties. Hence, the petition entailed a detailed adjudication of the property and their rightful distribution following Tennessee's statue.

Hamby Vs. Hamby No. 03-13331 adversary proceeding in divorce matters decided that both parties must pay off the mortgage to their cosigned house by retaining the sale proceedings on which both Mr. ...