Detailed Answer

Short overview. If you and one or more siblings co-own real estate in Tennessee and you cannot agree about whether to keep or sell the property, any co-owner may ask a court to partition the property. A partition action asks the court either to divide the land among the owners (partition in kind) or, if division is impractical, to order a sale and divide the net proceeds among the owners according to their ownership shares. A court can also effectively force a buyout by ordering a sale and giving co-owners time to purchase another owner’s interest before the public sale.

Who can file?

Any person who holds legal or equitable title in the property (for example, a tenant in common) may file a partition action in the county where the property sits. This includes heirs who inherited a share, owners who received a deed, and sometimes lienholders who have an interest that warrants being joined to protect their rights.

Key Tennessee law

Tennessee governs partition actions by statute. See Tenn. Code Ann., Title 29, Chapter 28 (partition statutes) for the statutory framework. You can review the chapter here: https://www.capitol.tn.gov/statutes/title29/chapter28/. The statutes set out who may bring a partition suit, how notices and joinder work, and how courts may order division or sale.

Step-by-step process to start and carry a partition action in Tennessee

1. Try to resolve the issue without court. Courts prefer parties try to agree. Consider mediation, a buyout negotiation, or a private sale agreement. A private sale typically saves time and legal fees.
2. Confirm ownership and liens. Obtain a title report or run the register of deeds for the county where the property is located to confirm all owners listed on the deed and any mortgages or liens. Resolve any outstanding mortgage or lien issues if possible; otherwise the court will account for them at sale.
3. Hire an attorney (highly recommended). Partition actions include procedural requirements (service, joinder of necessary parties, appraisal, sale process). An attorney can prepare the complaint, name all required parties (co-owners and certain lienholders or unknown heirs), and manage court deadlines.
4. File the Complaint for Partition. The complaint is filed in the county where the property lies. It must identify the property, state each party’s interest, request partition (in kind or by sale), and name all parties with an interest. The plaintiff pays filing fees.
5. Serve all interested parties. Tennessee law requires notice and service on all co-owners and other interested parties. If any owner is missing or unknown, the court may allow substituted service or publication under Tennessee law.
6. Court evaluates whether partition in kind is practicable. If the court determines the property can be fairly and reasonably divided among the owners without prejudice, it may order a partition in kind. For many residential lots, physical division is impractical and the court orders sale instead.
7. If sale is ordered, the court appoints commissioners or a commissioner. The court typically appoints a commissioner or commissioners to handle valuation, manage the sale process, give notice, and report back to the court. The commissioner may order an appraisal, handle advertising, and conduct a sale (often at public auction) under court supervision.
8. Accounting, paying liens, and distributing net proceeds. After sale, mortgage(s), tax liens, judgment liens, sale expenses, and court costs are paid out. Net proceeds are divided by ownership interest unless the court’s decree alters shares for equitable reasons. The court issues an order distributing proceeds and finalizing title transfers.
9. Buyout option. A co-owner who wants to keep the property may often arrange a buyout: the co-owner pays the other owners the fair market value of their share (as negotiated or determined by appraisal/court). In practice, courts sometimes allow a co-owner to purchase another’s interest before a public sale by following court-approved procedures and paying the amount set by agreement or by court-ordered appraisal.

Common practical issues and how Tennessee courts handle them

• Mortgages and liens: A mortgage does not prevent partition. The mortgage and lienholders must be joined or notified; liens are paid from sale proceeds.
• Life estates or homestead claims: If a co-owner has a life estate or the property is subject to homestead rules, those interests affect division and proceeds. You must disclose and present those rights to the court, which will account for them.
• Probate and estate issues: If the property is part of a parent’s probate estate, the personal representative or the heirs-in-possession may be required parties. Partition suits sometimes wait until probate issues (like final distribution) are resolved or coordinate with the probate process.
• Buyout timing and valuation: Courts often rely on independent appraisals to determine fair market value. If you want to buy out a sibling, be prepared to agree on an appraisal method or let the court order one.
• Costs and time: Partition suits can take months or longer and involve court costs, attorney fees, appraisal costs, and sale expenses. If one owner seeks a forced sale, that owner typically pays initial costs but may recover them from sale proceeds.

What you should gather before you act

• Copy of the deed(s) showing title and how ownership is held (tenancy in common vs. joint tenancy).
• Mortgage statements, tax bills, and lists of any liens or judgments affecting the property.
• Any written agreements among owners (family agreements, buy-sell agreements, or prior buyout offers).
• Estimated property value (a recent appraisal or comparative market analysis).
• Contact information for all owners, known heirs, and lienholders.

Helpful legal options to consider

• Negotiate a private sale and split proceeds according to ownership shares to avoid litigation.
• Seek mediation to reach a buyout number or sales plan.
• Propose a structured buyout (pay in installments, secure with promissory note and lien) if siblings cannot pay a lump sum.
• Involve a neutral appraiser early to provide a value baseline for buyouts or offers.

Helpful Hints

• Document every conversation and offer in writing. Courts and attorneys rely on clear records.
• If the deed lists joint tenancy with right of survivorship, the surviving owner usually takes the whole estate at death; different rules apply than for tenants in common.
• Be realistic about costs. Even a “successful” partition that results in sale can leave each co-owner with less cash after mortgages and expenses than expected.
• Mediation often costs far less than litigation and can preserve family relationships. Consider it early.
• Consult a Tennessee real property attorney before filing. They can identify necessary parties, advise on whether partition in kind is possible, and help structure a buyout to protect your interests.

Where to read the law

For the statutory framework on partition in Tennessee, see the Tennessee Code Annotated, Title 29, Chapter 28: https://www.capitol.tn.gov/statutes/title29/chapter28/. For procedural rules generally governing civil suits in Tennessee trial courts, consult the Tennessee Rules of Civil Procedure available at the Tennessee Administrative Office of the Courts website or the same legislative site.

Next steps

1. Collect the documents listed above.
2. Ask your co-owners for a mediated meeting to discuss sale or buyout.
3. If you cannot reach agreement, consult a Tennessee real property attorney to evaluate filing a partition complaint in the county where the property is located.

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. It summarizes Tennessee law at a high level but does not address the unique facts of any specific situation. Consult a licensed Tennessee attorney to get advice tailored to your situation.