Can I Force the Sale of a House I Co‑Own with Two Other People in Tennessee?

Short answer: Yes — if you and your co‑owners cannot agree, you can ask a Tennessee court to divide the property through a partition action. The court can order the property physically divided (partition in kind) when practical or force a sale and divide the proceeds when physical division is not feasible.

What is a partition action under Tennessee law?

A partition action is a civil lawsuit that lets co‑owners of real property ask the court to divide the property or sell it and divide the sale proceeds among owners. Partition is an equitable remedy courts use when co‑owners cannot agree how to use or dispose of the property. Tennessee statutes and court rules govern how these cases proceed and how courts handle sale and distribution.

See Tennessee’s statutes on partition (Title 29) for statutory procedures and requirements: Tenn. Code Ann. Title 29, Chapter 28 (Partition).

Who can file a partition action?

Any co‑owner of real property — typically a tenant in common or joint tenant — can file a partition action. If the deed creates a right of survivorship (joint tenancy with right of survivorship), that affects ownership on death but does not automatically bar a partition action while all owners are alive. If you own an interest and you want the property divided or sold, you may file the suit in the county where the property is located.

How does the process work in Tennessee?

File a petition: You file a partition complaint (petition) in the appropriate Tennessee trial court asking for partition of the property. The petition names all co‑owners and any lienholders.
Service and response: The co‑owners and lienholders must be served and have an opportunity to respond. The court determines ownership shares and outstanding liens.
Determine type of partition: The court first considers whether a partition in kind (physically dividing the land) is practicable without substantially impairing value. If division is practicable, the court may order it.
Partition by sale: If physical division is impractical or would greatly reduce value, the court orders a sale. The court typically appoints a commissioner or official to sell the property at public auction or by other court‑approved means and to report the sale.
Pay liens and costs: Proceeds pay outstanding mortgages, liens, costs of sale, and court costs. Remaining proceeds are divided among co‑owners according to their ownership interests.
Credits and accounting: The court can award credits for improvements paid by one co‑owner, for contribution toward mortgage or taxes, or for rents and use, depending on the facts and equitable considerations.

Typical timing, costs, and practical effects

Partition suits can take several months to over a year, depending on complexity, whether title or lien disputes exist, and court schedules. Costs include filing fees, attorney fees, appraisal and surveying fees, and costs of sale. The court will deduct these from sale proceeds. If one co‑owner occupies the property and refuses to leave, the court can address occupancy, rents, and relief to prevent waste while the lawsuit proceeds.

A simple hypothetical example

Suppose three co‑owners each hold a one‑third interest in a single family home in Tennessee. One co‑owner lives in the house and refuses to sell. You and the other non‑occupying co‑owner want out. If negotiation fails, you can file a partition action asking either that the home be divided (rare for a single house) or that the court order a sale and divide net proceeds 1/3 each after paying mortgage and liens. The court can also account for unpaid mortgage payments or improvements one co‑owner made and adjust shares accordingly.

What to gather before you file

Copy of the deed showing ownership shares.
Mortgage statements, tax bills, and any liens on the property.
Records of payments, repairs, improvements, or rent (to support claims for credit or accounting).
Contact information for co‑owners and mortgage/lienholders.
Recent appraisal or comparable sales if available.

Alternatives to a court‑ordered sale

Before filing, consider: negotiation, buyout offers, mediation, selling to a third party by mutual agreement, or one co‑owner buying out the others. These options often save time and cost. If negotiation stalls, mediation is usually less expensive and faster than litigation.

Common legal questions answered

Can a co‑owner stop a sale? Not indefinitely. Once a court orders partition by sale, the sale proceeds and title transfer follow court procedures. A co‑owner must show valid legal grounds (e.g., defective notice, unresolved liens) to halt the sale.

Will I be forced to move out before sale? The court can allow an occupying co‑owner to remain until closing, but the court can order rent or an accounting for use. In some cases the court may grant temporary possession remedies.

Do I get paid for improvements or mortgage payments I made? The court can account for contributions and improvements and may award credits to the contributing co‑owner when distributing sale proceeds.

Where to file and statutes

File a partition action in the Tennessee trial court (Chancery or Circuit, depending on county/crt practice) located where the property sits. Review Tennessee’s partition statutes and procedure at the official state code pages: Tenn. Code Ann. Title 29, Chapter 28 (Partition) and the Tennessee courts website for local practice rules: Tennessee Courts.

Practical next steps

Collect deed, mortgage, tax, and payment records.
Talk to co‑owners and propose a buyout or mediation.
If negotiation fails, consult a Tennessee real property attorney to review your case and file a partition action if appropriate.
Prepare for appraisal, possible sale, and allocation of liens and costs.

Helpful Hints

Try negotiation and mediation first — they usually save time and expense.
Confirm ownership type on the deed (tenancy in common vs joint tenancy with survivorship).
Get a current market appraisal to set realistic buyout numbers.
Keep receipts for repairs, taxes, and mortgage payments to support credit claims in court.
List all liens and mortgage balances before filing to avoid surprise deductions at sale.
Ask the court for an accounting of rents or mortgage payments if a co‑owner occupies the house and others have been paying expenses.
Expect that partition by sale is common for single‑unit dwellings because dividing a house physically usually reduces value.
Prepare for the timeline: partition actions can take many months if title or lien disputes exist.

Disclaimer: This article explains general Tennessee law information about partition actions and forced sale of co‑owned property. It is for educational purposes only and does not constitute legal advice. Laws change and each case depends on its facts. Consult a licensed Tennessee attorney to get advice tailored to your situation.