Assignments & Exams
Course: Real Property: PLG-104-1711
Assignment: Assignment 2 (based on classes 5 and 6)
Fred and Ethel, husband and wife, live together in Memphis, Tennessee. While they are married,
they decide to purchase a condominium in Gatlinburg, TN so that they can have a place to start
when they go to visit Great Smokey Mountains National Park, as they like to do several times
each year. They purchase the condo as tenants by the entirety and pay for the condo with marital
funds.
Unfortunately, in 2007, Fred and Ethel’s marriage went sour and they decided to divorce,
although they maintained an amicable relationship. Since both parties wanted to continue to have
access to the condo in Gatlinburg, they had their attorneys insert the following language into the
divorce settlement:
“Both parties hereto agree that as long as both parties are living, neither party may sell, encumber
or otherwise partition our condominium in Gatlinburg, TN without the consent of the other
party.”