Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation.
Detailed Answer
What Is a Partition Action?
Under Tennessee law, a partition action lets co-owners of real estate ask a court to divide or sell property when they cannot agree on use or ownership. Tennessee Code Annotated § 29-27-101 defines this process: Tenn. Code Ann. § 29-27-101.
Step 1: Filing the Complaint
One or more owners (the plaintiffs) file a complaint in the chancery or circuit court of the county where the property lies. The complaint names all co-owners as defendants. It outlines each party’s ownership interest and asks the court for a partition in kind or sale.
Step 2: Service and Response
Defendants receive a summons and the complaint. They must answer within 30 days or risk a default judgment. This ensures every owner can present evidence on property boundaries, value and proposals for division.
Step 3: Appointment of Commissioners
Once the pleadings close, the court appoints three impartial commissioners under Tenn. Code Ann. § 29-27-103. These commissioners inspect the property, report whether an in-kind partition is feasible and estimate values.
Step 4: Partition In Kind vs. Sale
If the land can divide fairly, the court orders a partition in kind. If it cannot, the court directs a sale at public auction per Tenn. Code Ann. § 29-27-104 and § 29-27-111. The sale yields cash instead of land parcels.
Step 5: Distribution of Proceeds
After sale or division, the court accounts for costs, legal fees and commissioner compensation. Remaining proceeds distribute to co-owners according to their ownership percentages. If one owner covered extra costs, the court adjusts distributions fairly.
Helpful Hints
- Confirm ownership shares before filing. Accurate records help courts divide property fairly.
- Consider mediation. Parties sometimes reach agreements that avoid court costs and delays.
- Gather property surveys and appraisals. Reliable valuations streamline the commissioner’s report.
- Understand timelines. Courts set strict deadlines for answers, reports and hearings.
- Know your costs. Filing fees, survey expenses and attorney fees reduce your net proceeds.
- Seek legal counsel early. An attorney can guide you through pleadings, discovery and hearings.