Detailed Answer — How co-owners start a partition action to divide or sell shared real property in Tennessee

Short answer: In Tennessee, a co-owner who wants to divide or force the sale of jointly owned real property files a partition petition (an equitable action) in the appropriate Chancery Court asking the court to either physically divide the property (“partition in kind”) or sell it and divide the proceeds (“partition by sale”). Tennessee law governs the procedures for partition actions. See Tenn. Code Ann. § 29-28-101 et seq. for the statutory framework (Tennessee Code, Title 29, Chapter 28).

What is a partition action and when should co-owners consider one?

A partition action is a court lawsuit brought by one or more co-owners (often tenants in common or joint tenants) to divide ownership of land when the co-owners cannot agree on use, possession, management, or disposition. You should consider a partition action when informal negotiation or mediation fails and one or more owners want to end shared ownership by dividing the land or selling it and splitting proceeds.

Step-by-step: How co-owners initiate a partition action in Tennessee

1. Confirm title and ownership interests.

   Gather the deed(s), title report, mortgage and lien documents, and any written agreements among owners. Confirm who holds legal title and each person’s ownership share (equal shares are common but not required).

2. Try to reach an agreement first.

   Courts favor settlement. Before filing, try negotiation, mediation, or a buy-out offer. If an agreement is reached, file a simple agreed judgment to avoid litigation.

3. Choose the right court and prepare the petition.

   Partition actions are equitable causes typically filed in Chancery Court in the county where the property lies. The petition should identify the property, describe each owner’s interest, state why partition is necessary, and request specific relief (partition in kind or sale). Include known parties with possible claims (mortgagees, lienholders, tenants, unknown owners).

4. Include necessary allegations and requests.

   Your petition normally requests the court to: (a) determine ownership interests; (b) order partition in kind if reasonably practicable; (c) order sale if partition in kind is impracticable or inequitable; (d) appoint commissioners or a special master to survey and divide or to conduct a sale; (e) handle distribution of proceeds, payment of liens, taxes, commissions and costs; and (f) award costs and attorney’s fees if appropriate. Reference the statutory authority for partition under Tennessee law (Tenn. Code Ann. § 29-28-101 et seq.).

5. Identify and notify all parties and lienholders.

   File the petition and arrange formal service on all co-owners and any persons or entities with recorded interests in the property (mortgagees, judgment lienholders, tenants). The court may require publication for unknown owners. If people who hold interests live out of state or cannot be found, the court can permit alternative service methods.

6. Temporary relief if needed.

   Ask for temporary orders (e.g., exclusive possession, rent collection, maintenance responsibilities, or an injunction preventing waste or sale) if the property’s condition or income needs immediate protection while the case proceeds.

7. Commissioners, appraisal, and discovery.

   If the court orders partition in kind, it often appoints commissioners or a special master to survey and prepare a division plan. If sale is ordered, the court usually orders appraisals and sets terms of sale. Parties may engage in discovery and file objections to reports.

8. Sale process (if applicable).

   If the court orders a sale, it will set procedures: public auction or supervised sale, payment of liens and costs from sale proceeds, and distribution of net proceeds according to ownership shares. The court issues a final order confirming the sale and directing distribution.

9. Final decree and distribution.

   After division or sale and after resolving liens and costs, the court enters a final decree that allocates parcels or distribution of sale proceeds among co-owners based on their legal shares and any adjustments the court orders for improvements, contribution, or waste.

Key Tennessee statutory reference

The procedures and judges’ powers for partition in Tennessee are set out in the Tennessee Code. See Tenn. Code Ann. § 29-28-101 et seq., Title 29, Chapter 28 (Partition). For the statutory language and specific provisions, consult the Tennessee Code: Tenn. Code Ann. Title 29, Chapter 28.

Common legal issues and defenses in Tennessee partition actions

• Whether property can be partitioned in kind (small or irregular parcels frequently lead the court to order sale).
• Existence of prior agreements restricting partition (co-ownership or buy-sell agreements).
• Outstanding liens, mortgages, tax liabilities, or easements that affect division or sale.
• Claims for contribution for improvements, repairs, or mortgage payments by co-owners.
• Claims of adverse possession, unrecorded interests, or unjoined necessary parties that can complicate the case.

Typical timeline and costs

There is no fixed timeline. A straightforward, uncontested partition can conclude in a few months. Contested cases with appraisal disputes, complex title issues, or litigation over possession can take a year or more. Expect court costs, appraisal fees, commissioner or special master fees, and attorney’s fees. The court can order costs and fees paid from sale proceeds or allocated among owners.

When to hire an attorney

Hire an attorney if the title or ownership shares are unclear, liens exist, one or more co-owners object, the property is income-producing, or you need help protecting possession or collecting rents. An attorney prepares the petition, handles service, represents you at hearings, and helps negotiate or litigate valuation and distribution issues.

How partition outcomes usually work

Outcomes vary: the court may divide the property physically if it can be divided fairly; otherwise it will order a sale and divide proceeds after paying liens, taxes and costs. Courts try to be equitable, which can mean adjusting distributions to account for contributions or waste.

Helpful Hints

• Collect and save all title documents, deeds, mortgage statements, receipts for improvements and payments, and any written agreements among owners before filing.
• Attempt mediation; courts appreciate settlement and may preserve costs for the winner.
• If you rely on rent income, ask the court for a temporary order allocating rents or allowing the court to appoint a receiver to collect and preserve income.
• Notify and include lenders and lienholders early — they can assert priorities that affect distribution.
• Consider a buyout offer: sometimes one owner can buy out the other(s) for a price that avoids court costs and delay.
• Expect appraisals: the court often orders one or more appraisals to determine fair market value before sale.
• Remember taxes and commissions: net proceeds after paying those obligations are what owners actually receive.
• Ask the court to appoint commissioners with real property expertise if the division would be complex.

Disclaimer: This article explains general Tennessee law and common practice for partition actions but is not legal advice. It does not create an attorney-client relationship. For help with a specific situation, consult a licensed Tennessee attorney who can review your facts and advise you.