Detailed Answer — Forcing a Sale of Inherited, Co-Owned Land in Tennessee

When you inherit land with other heirs, you typically own the property as co-owners (tenants in common) unless the deed or will says otherwise. If one or more co-owners want to sell the property and others refuse, Tennessee law allows a co-owner to ask a court to divide or sell the property through a partition action. This FAQ explains how that process generally works in Tennessee, what a court will consider, how a private sale can happen, and practical next steps.

What is a partition action?

A partition action is a civil lawsuit asking the court to divide jointly owned real property among co-owners. When physical division (partition in kind) is not practical or fair, the court can order a sale and divide the sale proceeds among the owners according to their ownership shares. Tennessee statutes provide the rules for partition actions; see the Tennessee Code for statutory provisions governing partition procedures. For reference to the Tennessee Code, see: Tennessee Code Annotated (capitol.tn.gov).

Who files the case and where?

Any co-owner (including an heir who inherited a share) can file a partition complaint in the court that has jurisdiction where the land is located — commonly the county chancery or circuit court. The complaint names all co-owners and other parties with an interest (e.g., mortgage holders, lienholders). The court then serves those parties with notice and gives them an opportunity to respond.

Partition in kind vs. partition by sale

Partition in kind: The court divides the property into separate physical parcels, giving each co-owner a parcel roughly equal in value to their share. The court orders this when it is fair and practicable.
Partition by sale: If physical division is impractical (for example, a single-family house on one lot), the court orders the property sold and divides net proceeds among owners. Sales are often public auctions, but courts can approve private sales in appropriate circumstances.

Can you force a private sale specifically?

Yes — but with limits. Courts prefer public sales or other methods that protect the interests of all owners and maximize value. A court will only approve a private sale (a sale directly to a buyer without an auction) if it finds the private sale is fair, provides adequate protection for all owners, and is in the owners’ best interest. Factors a court may consider include:

Whether a partition in kind is practicable.
Whether a private sale will likely produce a fair market price compared to a public sale.
Whether the private buyer is related to a co-owner or there is any conflict of interest.
Whether independent appraisal or marketing steps have been taken.
Whether the sale terms are transparent (deposit, escrow, closing timeline) and the court can supervise the sale or require overbids.

Typical court process to get a sale ordered

File a complaint for partition naming all owners and anyone with recorded interests (mortgagees, lienholders).
Ask the court to appoint commissioners or a master to inspect and value the property and to attempt to divide it if feasible.
If division is impracticable, request the court to order sale. Indicate whether you ask for a public auction or propose a private sale with specific buyer and terms.
The court may require an appraisal, advertise the property, set a sale date, or allow a private sale subject to court approval or overbid procedures.
After sale, the court supervises distribution of net proceeds and resolves claims for liens, taxes, costs, and attorney fees.

Practical ways to obtain a private sale without lengthy litigation

Negotiate a buyout: Offer to buy the other heirs’ shares at a fair market value backed by an appraisal. This avoids court entirely if they accept.
Use mediation: Courts and many attorneys encourage mediation to reach a sale agreement (including private-sale terms) that all co-owners approve.
Consent sale: If all co-owners consent, they can sign a contract for private sale and then transfer and divide proceeds through a cooperative closing.

Costs, timing, and risks

Partition litigation can take months and involve appraisal fees, advertising costs, court fees, and attorney fees. A private sale proposed in a partition case may still require court oversight, and the court may require the sale to be publicly advertised or permit overbids to protect absent or minority owners. If you proceed without an attorney, you risk missing procedural requirements or undervaluing interests. Consulting a Tennessee attorney experienced in probate or real property litigation will clarify likely costs and timelines for your county.

Key documents and evidence to gather before you act

Deed(s) showing ownership, any will or probate documents that created the inheritance.
Mortgage statements, tax records, and lien searches.
Recent appraisals or comparable sales in the area.
Communication records with co-owners about selling or offers received.

Where to look in Tennessee law

Tennessee law authorizes partition actions and provides procedures courts follow when dividing or ordering the sale of co-owned property. For statutory language and local rules, consult the Tennessee Code and the chancery or circuit court rules in the county where the property sits. See the Tennessee Code at the state legislature site: https://www.capitol.tn.gov/.

When to hire an attorney

Hire a Tennessee attorney when:

Co-owners disagree about dividing or selling the property.
There are unpaid mortgages, liens, or tax issues affecting the title.
You need to ask the court for a forced sale or want to propose a court-approved private sale.
You want to negotiate a buyout or use mediation but want legal advice on offers and documentation.

An attorney can file the partition complaint correctly, help negotiate or mediate a sale, obtain appraisals, and represent you at sale hearings so the court approves a sale that protects your share.

Bottom line

You can force a sale of inherited, co-owned land in Tennessee through a partition action. Courts prefer partition in kind when feasible but will order a sale when division is impractical. A private sale can be approved, but a court must find it fair and protective of all owners’ interests — the court may require appraisals, advertising, or an overbid process. Try negotiation or buyout first to avoid litigation, and consult a Tennessee attorney to preserve your rights and increase the chance of a favorable outcome.

Helpful Hints

Get a current appraisal before making offers or filing suit — it frames fair value and strengthens your position.
Check probate records to confirm how title passed to the heirs; sometimes the executor or personal representative can help negotiate.
Consider offering a cash buyout at market value; many disputes resolve quickly this way.
Use mediation to keep costs down and preserve relationships with family members.
If you file for partition, ask the court to require an appraisal and an accounting of liens and taxes before sale.
Be mindful of tax consequences of a sale or buyout; consult a tax advisor if proceeds will be significant.
Document all communications and offers in writing; courts and mediators give weight to written evidence of negotiations.
Consult a local Tennessee attorney before filing — local rules and practices can materially affect procedure and outcome.

Disclaimer: This article is for educational purposes only. It does not provide legal advice and does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Tennessee attorney.