How to Force a Sale of Family Property in Tennessee: Partition Actions Explained

Short answer: Yes. Under Tennessee law, a co-owner of real property who cannot reach an agreement with other owners can ask a court to force a sale by filing a partition action. The court will try to divide the property in kind first (split the land), but if that is impractical or unfair, it can order a public sale and divide the proceeds among the owners after paying liens and expenses.

What law allows this?

Tennessee provides for partition actions in its statutes governing partition. See Tenn. Code Ann. ch. 29, pt. 26. The statute that begins the partition scheme is available on the Tennessee General Assembly website: Tenn. Code Ann. § 29-26-101 (Action for partition). For the rest of the chapter, see the partition chapter listing: Tenn. Code Ann., Title 29, Chapter 26.

How a partition action works (step-by-step)

1. Who can file: Any co-owner of the property (commonly tenants in common or joint tenants) can file a petition for partition in the chancery or circuit court where the property is located.
2. Parties who must be joined: All record owners and persons with recorded interests (mortgagees, lienholders) should be named. If owners are minors or incompetent, guardians or representatives must be joined.
3. Partition in kind: The court will first consider dividing the land physically (partition in kind). If the property can be fairly divided without damaging its value or causing inequity, the court may order that division.
4. Partition by sale: If in-kind division is impractical, would significantly harm value, or cannot achieve a fair division, the court may order a public sale and divide net proceeds among the owners in their respective shares.
5. Commissioners and appraisal: The court may appoint commissioners or referees to assess the property, supervise sale, or divide parcels. The court typically considers appraisals and evidence about value and fairness.
6. Payment of liens and costs: Sale proceeds normally pay mortgages, liens, sale costs, and court costs first; remaining funds divide according to ownership shares.

Common legal and practical issues to expect

• Title type matters: If title shows joint tenancy with right of survivorship, the surviving joint tenant(s) can become sole owner on a death; but current co-owners still generally can seek partition while alive.
• Liens and mortgages: A mortgage or lien remains attached to the property. The lender’s interest typically must be satisfied from proceeds. A mortgagee may need to be joined.
• Bankruptcy stays: If any co-owner has an active bankruptcy case, the automatic stay may block a partition sale until the bankruptcy court lifts the stay.
• Minor or unknown owners: If an owner is a minor or cannot be located, additional procedures (guardian ad litem, service by publication) become necessary and can delay the case.
• Costs and timing: Partition actions take time (months to over a year) and incur court, appraisal, and sale costs. The side that pushes for a sale may end up paying some costs or securing a judgment for expenses depending on circumstances.

Practical alternatives before asking a court to force a sale

• Attempt a negotiated buyout: one or more owners buy out holdouts using an appraisal to set price.
• Use mediation: a neutral mediator can help owners reach an agreement without litigation.
• Sell voluntarily: unanimous or majority agreement to list and sell on the open market avoids court costs.

What to prepare if you consider a partition action

• Collect deeds, title history, and the recorded instrument showing ownership shares.
• Gather mortgage, lien, or judgment information affecting the property.
• Obtain a current appraisal or two to support valuation arguments.
• Document communications and offers between co-owners (evidence of negotiation).
• Locate all owners and known addresses, and learn whether any owner is in bankruptcy or is a minor.

When a court will order sale instead of division

The court balances practical considerations. It will order sale when division in kind would be unfair, impractical, or would greatly reduce property value. Examples: small single-family lot that cannot be divided; a single house occupied by one family where dividing structures would be impossible; or where dividing would leave uneconomic slivers of land. The statutes and Tennessee case law give the court equitable power to choose sale when needed to achieve fairness.

What happens to sale proceeds?

Proceeds first pay valid liens, mortgage debt, taxes, court costs, and sale expenses. After those amounts, the balance divides among co-owners according to their legal ownership shares. If co-owners hold unequal shares, the distribution reflects those proportions.

Bottom line

If some family members want to sell and others refuse, Tennessee law gives any co-owner the right to file a partition action. The court prefers dividing property physically but can force a sale when division is impractical or inequitable. Courts follow statutory procedures and consider liens, minors, bankruptcy, and fairness when ordering sale and distribution.

Disclaimer

This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, contact a qualified Tennessee real estate or probate attorney.

Helpful Hints

• Before filing, try negotiation and mediation — courts often encourage settlement.
• Hire a Tennessee attorney early to review title, liens, and likely court strategy.
• Get at least one professional appraisal to establish current fair market value.
• If you suspect bankruptcy, check federal bankruptcy records before spending on litigation.
• Be prepared for time and cost — a partition can take many months and involve fees for appraisals and court-appointed commissioners.
• If one co-owner wants out but can’t pay cash for a buyout, consider structured buyouts, lender financing, or a court-ordered sale.