Can I force a sale of inherited land in Tennessee if some siblings refuse to sell?

Short answer: Under Tennessee law, a co-owner of real property can ask a court to partition the property. If physical division (partition in kind) is not practical or fair, the court can order a partition by sale and divide the proceeds among the owners. You can file a partition action in the county where the land is located, but expect several procedural steps, potential objections by other owners, and possible delays while the court resolves disputes and values the property.

Disclaimer

This is general information only and is not legal advice. I am not a lawyer. For legal advice about your specific situation contact a licensed Tennessee attorney.

Detailed answer — How partition-for-sale works in Tennessee

This answer explains how to bring a partition-for-sale suit in Tennessee when some co-owners (for example, siblings who inherited property) refuse to agree to a sale. The explanation assumes typical facts: multiple co-owners inherited a tract of land, a majority want to sell, but one or more minority co-owners object.

1. Who can file and where to file

Any person who owns an undivided interest in the land (including a grantee, heir, devisee, or purchaser with title) may file a partition action. File the complaint in the circuit or chancery court (depending on local practice) in the county where the property is located. Tennessee statutes and local court rules control the exact venue and procedure; the Tennessee Code and the Tennessee court websites are primary sources for those rules: Tennessee Code / Legislature.

2. Basis for the suit

A partition action asks the court to divide the property among co-owners (partition in kind) or, if division is impractical or inequitable, to order the property sold and the proceeds distributed proportionally (partition by sale). Common grounds for seeking partition-by-sale include: property cannot be physically divided without material injury; unequal shares that make an in-kind split unfair; or when partition in kind would be impractical because of the nature of the property (single-family home, a single tract of farmland, etc.).

3. Complaint content and parties

Your complaint should identify the property (legal description or tax parcel number), list all known owners and their ownership shares, state that co-owners cannot agree on division or sale, and request partition in kind or, alternatively, partition by sale. The complaint must name as defendants all persons who hold an interest in the property, including unknown heirs or lienholders (often as “unknown heirs and creditors”). The court may allow notice by published notice for unknown parties.

4. Service and joinder of all owners

All co-owners must be made party to the action and properly served. If a co-owner cannot be located, the court can allow alternative notice (for example, publication) so the court can reach a binding resolution. Liens and mortgages should also be identified; lienholders may assert claims that affect distribution of sale proceeds.

5. Temporary relief and possession

If there are disputes over possession, rents, or expenses, you can ask the court for temporary orders—for example, to appoint a receiver to collect rents, to account for expenses, or to restrict a co-owner’s use of the property pending final resolution. Courts often require an accounting of income and expenses and may require one party to post security for costs.

6. Valuation, commissioners, and preference for partition in kind

The court typically prefers partition in kind if it can be done without prejudice to the owners. If in kind division is impractical, the court will appoint commissioners (or a special master) to value the property and recommend whether to sell. Commissioners conduct a valuation and prepare a report the court reviews before ordering a sale. If the court orders sale, it typically directs a public sale (auction) unless private sale under terms approved by the court is more appropriate.

7. Sale, distribution of proceeds, and liens

Sale proceeds are distributed according to the ownership shares after paying valid liens, mortgage debts, court costs, and properly awarded attorney fees or commission. If one owner has contributed more to taxes, mortgage payments, or improvements, the court can account for those contributions and adjust distributions accordingly.

8. Common defenses and delays

Objecting co-owners may raise defenses or equitable claims: adverse possession, claims that the property was partitioned previously, claims of unequal contributions, or contesting the legal title. These disputes can prolong the case. The court will resolve competing equitable claims before final distribution.

9. Practical timeline and costs

Partition actions can take several months to over a year, depending on complexity, whether title disputes exist, the need for appraisals, and local court backlog. Expect filing fees, service fees, appraisal and commissioner costs, and attorney fees. If the court awards attorney fees against one side for misconduct or bad faith, that can shift costs, but fee awards are discretionary and fact-specific.

10. Alternatives to suing for partition

Before filing suit consider alternatives: negotiation or buyout (one owner buys out others at appraised value), mediation, listing the property for a voluntary sale with proceeds split, or forming an LLC to hold the property and set buy-sell rules. These alternatives are often faster and less expensive than litigation.

Where to find Tennessee statutes and local rules

Use the Tennessee General Assembly website to locate statutes and the exact chapter dealing with partition and actions between co-owners: https://www.capitol.tn.gov/. For court procedure and forms, check the Tennessee Administrative Office of the Courts at https://www.tncourts.gov/ and the website for the circuit/chancery court in the county where the property lies.

Helpful Hints

Document ownership: gather deeds, wills, death certificates, and any probate records showing who owns what share.
Check liens and taxes: get a title search or visit the county property records to identify mortgages, tax liens, or judgments.
Get an appraisal early: a professional appraisal clarifies whether partition in kind is realistic and helps in buyout negotiations.
Communicate in writing: send a polite written demand to co-owners stating your intent to seek partition if negotiation fails; courts often consider attempts to resolve disputes without litigation.
Consider mediation: many counties offer mediation services; voluntary mediation can preserve family relationships and save money.
Be ready for costs and delays: set expectations about timeline and litigation expenses upfront with any attorney you consult.
Hire a Tennessee attorney experienced in real property/partition matters: they can prepare the complaint, handle service to unknown parties, work through title issues, and represent you at hearings.
If you’re a majority owner: being majority does not automatically let you force an immediate private sale. You must follow the court process for partition and sale.
If you’re a minority owner: you still have the right to seek partition or to oppose a partition sale and present reasons why a sale would be inequitable.

If you want, I can: (1) draft a checklist of the documents you’ll need to bring to an initial consultation with a Tennessee real property attorney; (2) suggest questions to ask an attorney; or (3) outline a sample complaint for a partition action (general form only).