TN Domestic Partnership of 20 Years Settlement Enforced

Tennessee law case summary on domestic partnerships in Tennessee divorce and family law from the Tennessee Court of Appeals.

Edmonson v. Wilson – Tennessee Family Law – Domestic Partnership Settlement Enforcement

Kimberlie Edmonson and Terry Wilson met in 1987, became romantically involved, and began a relationship that lasted approximately twenty years.  Ms. Edmonson alleged that Mr. Wilson had asked her, about a year after the beginning of the relationship, to be a partner with him in his farming business.  She alleged that she agreed, and even turned down alternate employment to contribute to the partnership.  During the relationship, Mr. Wilson purchased several tracts of land, and Ms. Edmonson alleged that she worked long hours.  After she learned that he had been dating another woman who was living on one of the farm properties, she moved into a vacant trailer on one of the partnership properties.  Mr. Wilson then began eviction proceedings.

There was some evidence that Mr. Wilson had given Ms. Edmonson a diamond ring during the course of their romance.  But the parties had neither married nor set a date for a wedding.  “Mr. Wilson vehemently denied that he ever asked Ms. Edmonson to marry him and alleged that he just merely gave her a ring.”

Ms. Edmonson sued for breach of the partnership agreement.  Mr. Wilson offered her $2,000 to settle the matter and vacate the premises, and Ms. Edmonson accepted.  This agreement was announced in open court, in the presence of attorneys for both parties.

Mr. Wilson’s attorney moved to enforce this settlement agreement.  The trial court declined to enforce it, and noted that Ms. Edmonson hadn’t been placed under oath when the agreement was announced, even though she did not object when it was announced in open court.

The Court of Appeals disagreed, and held that the settlement agreement was binding and enforceable.  The evidence reflected that the parties had reached an agreement.  As soon as Ms. Edmonson had accepted the offer, the parties had formed a valid contract.  Since there was a contract in effect, no further action was necessary to validate it, and the trial court should have enforced it.

The Court of Appeals also noted that if Ms. Edmonson had any formal objections to the settlement, such as not being in writing or her not being under oath, or even that she had not authorized her attorney to settle the case, she should have raised these issues in the trial court.  Since she failed to do so, the Court of Appeals would not consider them for the first time on appeal.

Edmonson v. Wilson, No. E2010-02215-COA-R3-CV (Tennessee Court of Appeals, Dec. 9, 2011).

See original opinion for exact language.  Legal citations omitted.

Memphis divorce lawyer, Miles Mason, Sr., JD, CPA practices family law exclusively and is founder of the Miles Mason Family Law Group, PLC, which handles Tennessee family law matters including divorce, child support, alimony, prenuptial agreements, child custody, parental relocation, child support modification, alimony modification, and divorces including business valuation and forensic accounting issues.