Detailed Answer
If you inherited real property in Tennessee with one or more co-owners and a co-owner refuses to cooperate, you can ask a court to force a division or sale through a partition action. Below are the practical steps, key legal principles, and likely outcomes under Tennessee law.
1. Confirm ownership type and gather documents
Partition actions are available to co-owners (commonly tenants in common). First, confirm how title is held (deed, will, or probate records). Collect:
- Deed(s) showing legal description and ownership shares.
- Death certificate, will, and probate documents (to show how an heir received the interest).
- Recent property tax bills and mortgage or lien information.
- Any written agreements among owners about the property.
- Survey or plat, if available, and photos.
2. Try negotiation and alternatives first
Courts expect parties to try resolving disputes before filing. Options include:
- Negotiated buyout: one owner buys the others’ shares for an agreed price.
- Mediation: a neutral mediator can help reach an agreement.
- Partition agreement: owners can agree to divide the land by written agreement.
If negotiation fails, a partition action is the next step.
3. Where to file
File the partition complaint in the chancery court (equity court) or other court with jurisdiction in the county where the property lies. Court rules and local practice vary, so check the county’s court website or court clerk for filing requirements.
4. Drafting and filing the complaint
The complaint should include:
- A caption naming all owners and any interested parties (mortgage holders, lien holders, heirs, unknown owners).
- A clear legal description of the property (from the deed).
- A statement of each party’s claimed interest (e.g., percentage share).
- A statement that the co-owner(s) will not or cannot agree to a partition.
- A specific request for relief: partition in kind (physical division) or partition by sale and division of proceeds. Ask the court to appoint commissioners if appropriate.
- A request for payment of liens, costs of sale, and distribution of net proceeds according to ownership shares.
5. Service of process and notice
After filing, you must serve the complaint and summons on all named defendants (co-owners and lienholders) according to Tennessee rules. If any owner’s identity or location is unknown, the court allows substituted service or publication in some cases. Follow Tennessee civil procedure and local rules for proper service to avoid delays.
6. Court proceedings, evidence, and possible appointments
The court will schedule hearings. Expect the court to consider evidence on ownership, property condition, and whether partition in kind is feasible.
Key points the court will consider:
- Whether the property can be practically divided (partition in kind) without substantially reducing value.
- If division would be unfair or impractical, the court will order partition by sale and appoint a commissioner or special master to sell the property and distribute proceeds.
- The court may order accounting for rents, taxes, and necessary repairs, and payment of liens from sale proceeds.
7. Sale, distribution, and liens
If the court orders a sale, the property is sold (often at public auction). From sale proceeds, the court will usually direct payment of:
- Mortgages and liens that have priority.
- Commissioner and sale costs, court costs, and attorney fees if awarded by the court.
- Remaining proceeds distributed among owners according to their legal shares.
8. Timeline and costs
Timing varies widely. A straightforward, uncontested partition may take several months. Contested cases—especially those involving disputed title, liens, or occupancy disputes—can take a year or longer. Expect filing fees, service fees, potential survey and appraisal costs, commissioner fees, and attorney fees.
9. Special issues to watch for
- Mortgages and lien priority: secured creditors can force sale or claim proceeds, which can affect how much owners receive.
- Occupants: if one co-owner occupies the property, the court can account for rents or charge for use.
- Minors or incapacitated owners: the court will protect their interests (guardian ad litem, etc.).
- Title defects or disputes among heirs: resolving title issues can add time and require separate quiet-title actions or joining additional parties.
Key Tennessee legal references
Tennessee’s partition statutes are found in Title 29, Chapter 27 of the Tennessee Code. See Tennessee Code, Title 29, Chapter 27 for statutory rules on partition and sale: https://www.capitol.tn.gov/titles/29/chapter-27.html.
Also review the Tennessee court rules and local chancery court procedures for filing and service requirements: https://www.tncourts.gov/rules.
Helpful Hints
- Start by confirming whether title is tenancy in common or joint tenancy with right of survivorship—survivorship may eliminate the need for partition.
- Try mediation before filing. Courts often view settlement efforts favorably and mediation is cheaper and faster than litigation.
- Get a current survey and at least one independent appraisal early. These documents strengthen your position about whether an in-kind division is feasible or whether sale is necessary.
- Identify and list all lienholders and mortgage holders before filing so they can be joined as necessary parties.
- If a co-owner occupies the property and refuses access, document occupancy and any agreement or lack of agreement about rent/use. The court may award accounting or adjust distributions based on use.
- Consider a buyout offer with a firm deadline before filing—many partition suits are resolved when one side realizes litigation costs will outweigh settlement.
- Expect to pay filing fees, fees for serving defendants, survey and appraisal costs, and commissioner or auction costs if the court orders a sale.
- Consult a Tennessee attorney experienced in real property and chancery practice to review your documents and represent you in court. An attorney can check for title issues, liens, and statutory technicalities that affect strategy and outcome.
Disclaimer: This article explains general information about partition actions under Tennessee law and does not constitute legal advice. Rules and procedures vary by county and case details matter. Consult a licensed Tennessee attorney to evaluate your specific situation and next steps.