Disclaimer: This is general information, not legal advice. I am not a lawyer. For guidance specific to your situation, consult a licensed Tennessee attorney.
Detailed Answer
If you and other relatives co-own inherited land and some owners refuse to agree to a division or sale, Tennessee law lets a co-owner force a partition action. A partition lawsuit asks the court to split the property among owners (partition in kind) or, if a fair physical split is impractical, to order a sale and divide the proceeds. The relevant Tennessee statutes governing partition are in the Actions for Partition chapter: see Tenn. Code Ann. § 29-28-101 et seq. (Tenn. Code Ann. § 29-28-101).
Who can file?
Any person who holds a legal or equitable interest in the property (co-owner) may file. That includes heirs who received title through probate, beneficiaries who obtained title by deed, and those named on the deed. All known co-owners, lienholders, and parties with recorded interests must be named or served in the lawsuit.
How to prepare before filing
- Gather documents: death certificate, will or probate records, deed(s), current mortgage and lien records, property tax records, and any written agreements among owners.
- Get a property description: legal description from the deed and a recent tax parcel identification number. Consider ordering a survey if the boundaries are unclear.
- Identify parties: list all people or entities with a current interest or lien on the property (spouses, mortgage lenders, judgment creditors).
- Consider negotiation or mediation first: courts often prefer owners try to settle division or sale terms before litigating. A written buyout offer or mediation agreement can avoid court costs.
Step-by-step: Starting the partition lawsuit in Tennessee
- Choose the correct court: File in the Chancery Court (or other court with equitable jurisdiction where the property is located). Check the county court rules for filing requirements.
- Prepare the complaint (petition): The complaint should describe the property with a legal description, state each plaintiff’s interest, name all defendants (co-owners and lienholders), explain efforts to resolve the dispute if any, and request partition (in kind or by sale) and any interim relief (possession, rents, appointment of a receiver, accounting of rents/expenses).
- File the complaint and pay filing fees: The clerk will assign a docket number and set deadlines for service and response.
- Serve all defendants: Proper service of process is required for the court to have jurisdiction. If some parties cannot be found, the court may allow service by publication after you show reasonable efforts to locate them.
- Request temporary orders if necessary: You can ask the court for interim relief such as exclusive possession, appointment of a receiver to collect rents, or protection of the property pending resolution.
- Discovery and hearings: Parties may exchange documents, depose witnesses, and present evidence. The court will determine whether physical division is feasible or whether sale is necessary.
- Commissioners or sale: If partition in kind is feasible, the court can appoint commissioners to divide the land fairly. If a fair division is not practical, the court will usually order the property sold (often at public auction) and distribute proceeds according to ownership shares after paying liens and costs.
- Distribution and dismissal: After sale and payment of expenses and mortgages, the court signs an order distributing the net proceeds to owners according to their shares and closing the case.
What the court considers
The court will evaluate whether a physical division would be equitable and practical. Factors include acreage shape, access, value differences, and whether division would significantly reduce value. If physical division would diminish value or create impractical parcels, the court often orders sale. The court also protects creditors and will satisfy recorded liens before distributing proceeds.
Practical outcomes and costs
- Timeline: A straightforward partition can take several months; contested cases can take a year or more.
- Costs: Court filing fees, attorney fees, survey costs, appraisal fees, costs of commissioners, and sale expenses reduce net proceeds. In some situations the court may award costs or attorney fees, but that depends on the case facts and statutory authority.
- Tax issues: Sale proceeds may have capital gains tax consequences. Consult a tax advisor about basis, holding period, and reporting requirements.
Special situations
If the property is a family home, jointly occupied, or subject to a prior family agreement, the court may weigh equitable considerations and could delay or limit a sale. If heirs do not yet have a clear title (pending probate), you may need to complete probate or obtain recordable deeds before or during a partition action.
Helpful Hints
- Try mediation first — a negotiated buyout or agreed sale will usually save time and money.
- Obtain a current title report to find all lienholders and encumbrances before filing.
- Get a professional appraisal and, if necessary, a survey to support a fair division or sale price.
- Document communications with relatives; a written offer or refusal helps the court see you tried to resolve the dispute.
- Consider offering a buyout if you want to keep the land — propose a fair market value based on an appraisal.
- Watch for deadlines to join parties and for statute-of-limitations issues; unresolved adverse possession or quiet-title problems can complicate a partition.
- Budget for court costs and potential repair, tax, or mortgage obligations that may be assessed against the property before sale.
- Ask whether a temporary restraining order or receiver is needed to protect the property if co-owners are damaging it or withholding rents.
- Consult a Tennessee attorney experienced in real property and probate-connected matters if the title is unclear, if the case is contested, or if substantial value is at stake.
Relevant statute reference: Tenn. Code Ann. § 29-28-101 et seq. for actions for partition (see Tenn. Code Ann. § 29-28-101).
If you want, provide a short description of the property (county, how title was transferred, who is on the deed), and I can outline the likely next procedural steps specific to that scenario.