How to start a partition action in Tennessee when a co-owner refuses

Note: Tennessee does not have a Guilford County. This article explains how to bring a partition action under Tennessee law. If the property is actually located in another state or county, please tell us the correct location so we can provide the right jurisdictional steps.

Disclaimer

This is educational information only and not legal advice. I am not a lawyer. If you need legal advice about your situation, consult a licensed Tennessee attorney.

Detailed answer — Overview and step-by-step process under Tennessee law

A partition action is a court case one co-owner files to divide or sell real property when co-owners cannot agree. In Tennessee, a person who holds an ownership interest in land (a tenant in common or co-owner) may sue for partition. Partition actions are typically brought in the chancery court (equity) where the property is located.

Relevant Tennessee authority: partition actions are governed by the statutes and the chancery/civil procedures applicable in the county where the land sits. For Tennessee legislative materials and code lookups, see the Tennessee legislature website: https://www.capitol.tn.gov/. For court locations and chancery court general information, see the Tennessee courts site: https://www.tncourts.gov/.

Step 1 — Confirm ownership, property location, and appropriate court

Check the deed and county property records to confirm the legal owners and the exact legal description and county where the property sits. The suit must be filed in the county where the property is located.
Identify whether the correct court is the chancery (equity) court or circuit court in that county. Partition is traditionally an equitable remedy handled in chancery court; local rules or practical considerations may affect filing. Use the Tennessee Courts site to find the proper court for your county: https://www.tncourts.gov/courts/court-locations.

Step 2 — Try an early demand for partition and negotiation

Before filing, send a written demand for partition (or a buyout offer) to the co-owner(s). A clear demand can sometimes lead to a negotiated buyout, voluntary partition, or settlement, which avoids litigation costs. Keep a copy of the letter and proof of delivery.

Step 3 — Gather documents and information

Deeds, title report or chain of title showing each co-owner’s interest.
Mortgage and lien information (mortgages, tax liens, judgments). Lienholders must typically be named or notified.
Property tax records, survey(s), plot maps, and any homeowner association documents.
Evidence of possession, improvements, and expenses paid (if you plan to assert credits for contributions).

Step 4 — Prepare and file the complaint for partition

The complaint (sometimes called a petition in equity) should include:

A caption naming all record owners and known lienholders.
A clear legal description of the property and statement of each party’s interest (percent or fraction, if known).
A statement that the plaintiff seeks partition, stating whether partition in kind (division of the land) is requested or, if impractical, a sale and division of proceeds.
A request that the court appoint a commissioner or master to divide the property or conduct a sale, and that the court order distribution of proceeds after paying liens, costs, and commissions.
A request for any interim relief necessary (e.g., temporary possession, accounting of rents, or appointment of a receiver if the property is producing income and parties cannot agree).

Filing fees and local rules apply. File in the county chancery court (or as required locally) and get a case number.

Step 5 — Properly serve all parties and record lis pendens

Serve summons and complaint on each co-owner, mortgagee, and any other person with an ownership or lien interest according to Tennessee service rules.
Record a lis pendens (notice of pending action affecting title) in the county land records to put third parties on notice of the lawsuit. This protects your interest by warning prospective purchasers or lenders.

Step 6 — Court procedures: commissioners, partitions in kind vs. sale

After the case is joined, the court will typically consider:

Partition in kind: The court will try to divide the property physically if the land can be fairly divided without prejudice to owners.
Partition by sale: If the land cannot be fairly divided (e.g., single-family home on small lot), the court will order a public sale, with proceeds divided among owners after liens and costs.
Appointment of a commissioner: The court often appoints a commissioner, master, or special referee to prepare a report, survey, or conduct the sale. The commissioner’s costs are paid from the proceeds or as ordered by the court.

Step 7 — Handling liens, mortgages, and priority claims

Liens and mortgages remain attached to the property. The purchaser at a partition sale generally takes subject to federal tax liens and mortgages unless the sale authorizes foreclosure of a mortgage. The court will usually order that sale proceeds first pay liens, then costs, and finally distributed to owners according to interest.

Step 8 — Possible outcomes and post-judgment steps

Order dividing the land (deed issued to each owner) or order of sale and distribution of proceeds.
If you win a sale, the purchaser gets title, and the clerk/commissioner handles distribution of funds after paying liens and costs.
Costs, attorney fees, and commissions may be charged against proceeds depending on court orders or agreement.

Practical considerations and tips

Do not attempt a forcible physical partition yourself (changing locks, removing occupants, or physical division) — that can lead to criminal or civil liability. Use the court process.
If you believe a co-owner is hiding assets or removing property, seek temporary injunctive relief or appointment of a receiver early in the case.
Consider whether a buyout is practical: valuing the interest (appraisal) and offering to purchase the other owner’s share or agreeing on a sale to a third party can be faster and cheaper than litigation.
Keep records of payments you made for taxes, mortgage, insurance, and improvements — you may be entitled to credits or reimbursement in the division.
If there are unknown owners or missing heirs, the court may require notice by publication and additional procedures — expect extra time and cost.

Typical timeline and costs

Timeline varies: an uncontested partition can take a few months; contested or complex cases (liens, unknown owners, disputes over credits) can take a year or more. Expect court filing fees, service costs, commissioner fees, survey and appraisal costs, and attorney fees if you hire counsel.

When to hire a Tennessee attorney

Consider hiring a Tennessee real estate or chancery practice attorney if any of the following apply:

Ownership interests or liens are complicated.
The co-owner is hostile or uncooperative.
There are unknown heirs, missing parties, or adverse claims.
Significant value is at stake and you want to protect your financial interests.

Statutes and court resources

General Tennessee legislative and court resources:

Tennessee Code and legislative information: https://www.capitol.tn.gov/
Tennessee Courts (court locations, local rules, and chancery court information): https://www.tncourts.gov/

Helpful hints

Start by confirming the county where the property sits. If the property is outside Tennessee (for example, in Guilford County, North Carolina), the rules differ — tell us the correct county and state for tailored guidance.
Obtain a current title report before filing to identify all parties and liens to name in the complaint.
Get an appraisal or market analysis early to evaluate buyout offers versus litigation.
Preserve evidence of payments and improvements you made to claim credits at distribution.
Record a lis pendens after filing to protect against third-party transfers.
Consider mediation as an early step — courts often encourage settlement and it can save time and money.
Ask the clerk’s office in the county chancery court for local filing requirements and forms — clerks can provide procedural guidance but not legal advice.

If you want, tell me the exact county where the property is located (and confirm Tennessee is the correct state). I can then give more specific filing location information and sample checklist items for that county’s chancery court.