Detailed Answer: What to provide your lawyer to begin a partition action in Tennessee

Starting a partition case in Tennessee means asking a court to divide co‑owned real property or order its sale and split the proceeds. To give your lawyer the best chance of moving quickly and effectively, provide complete, well‑organized information and documents about the property, ownership, finances, and any disputes. Below is a practical checklist, why each item matters, and how your lawyer uses it in a Tennessee partition action.

Key documents and information to gather

Current deed(s) and chain of title. Copies of the recorded deed(s) showing how the property is owned now (names, type of ownership: tenants in common, joint tenants, etc.). Also gather prior deeds or title abstracts showing how ownership changed over time. Why: the complaint must name owners and show legal interest.
Property legal description and parcel ID. The exact legal description found on the deed or tax record and the county parcel/tax ID. Why: the court needs an unambiguous description to identify the land for partition or sale.
Tax records and property tax bills. Copies of recent property tax assessments and receipts showing who paid taxes. Why: tax history helps show contributions and liens and provides valuation context.
Mortgage, lien, and judgment information. Copies of any recorded mortgages, mechanic’s liens, judgment liens, or UCC filings that affect the property. Why: liens typically must be resolved or accounted for in a partition sale.
Surveys, plats, and boundary documents. Any existing boundary surveys, plot plans, or GIS maps. Why: surveys clarify whether the property can be physically divided and where issues might arise.
Leases, rental agreements, and tenant info. If the property is leased, include the lease, rent rolls, security deposit records, and contact info for tenants. Why: leases affect partition remedies and distribution of rents.
Evidence of contributions and payments. Records showing who paid taxes, mortgage payments, insurance, repairs, improvements, or utilities (bank statements, canceled checks, invoices, receipts). Why: courts consider contributions when allocating costs and proceeds.
Communications with co‑owners. Copies of emails, text messages, letters, or written proposals about use, sale, requests to buy out, or refusal to cooperate. Why: shows attempts to resolve the dispute and may affect court orders or costs.
Appraisals and valuations. Any recent appraisals, broker price opinions, or market analyses. Why: helps estimate value and whether division in kind (physical division) is practical.
Title insurance policy (if available). The owner’s title insurance policy and any related title exceptions. Why: reveals recorded matters affecting title and ownership rights.
Copies of wills, probate files, or trust documents. If ownership arose via inheritance or trust, provide relevant probate records or trust instruments. Why: clarifies legal status of owners and representatives who must be joined in the lawsuit.
Identification and contact information for all co‑owners, lienholders, and interested parties. Full legal names (including any former names), addresses, phone numbers, and last known addresses. Why: the court requires proper service of process on all parties with an interest in the property.
Evidence of improvements or partitions already attempted. Photos, invoices, permits, and building permits for improvements or previously attempted divisions. Why: helps determine whether physical division is feasible and documents increases to value.
Local government records and zoning information. Zoning classification, setback rules, and any outstanding code violations. Why: zoning may limit how the property can be divided.
Photographs of the property. Recent photos showing structures, access, fences, roads, and any dispute areas. Why: useful for pleadings and to help the court visualize the property.
Records of prior lawsuits or quiet title actions. If the property has been the subject of disputes before, provide court case numbers and judgment copies. Why: prior rulings can affect current rights and required parties.

What your lawyer will do with these documents

Confirm legal ownership and necessary parties to name in the partition complaint.
Search public land records and title to verify liens and encumbrances.
Assess whether an in‑kind division (splitting the land) is practical or whether sale and division of proceeds is required.
Prepare the complaint, ask the court to appoint commissioners (or a referee) to evaluate and partition the property, or request a sale and accounting.
Work to locate and serve all interested parties. If parties are missing, the lawyer will discuss alternatives (substitute service, publishing notice) permitted by Tennessee law.
Evaluate settlement options, including buyouts or negotiated sales, and calculate proposed distributions after liens and costs.

How Tennessee law affects what you must provide

Tennessee provides a statutory procedure for partition actions. The court must know who holds title and any encumbrances on the property. For guidance on partition procedure and which parties to join, see Tennessee’s statutes governing actions concerning real property. For example, partition actions and related procedures appear in Tennessee statutory law governing real property actions. Your lawyer will cite and rely on the relevant Tennessee Code sections when preparing pleadings and asking the court for remedies. A starting point for Tennessee statutes and code is the Tennessee Code on the state legislature website: https://www.capitol.tn.gov/. (Your attorney will locate the specific partition sections that apply to your case.)

Practical tips to speed the case

Organize documents in chronological order and place digital copies on a USB drive or shared folder.
Make a simple one‑page timeline of ownership transfers and major payments or improvements.
List everyone you know who might have an interest in the property, even if their interest is small or disputed.
Be honest about conflicts or prior settlements—complete disclosure avoids surprises during discovery or at trial.
Ask your lawyer early about likely costs of a partition, including survey, appraisal, commissioner fees, advertising and court costs, and how those costs are typically allocated under Tennessee practice.

Common follow‑up questions your lawyer will ask

Do you want the property physically divided (partition in kind) or sold with proceeds divided?
Are any co‑owners incapacitated, deceased, minors, or represented by a guardian or trustee?
Have any co‑owners made formal offers to buy you out or sold their interest previously?
Are there environmental issues (underground tanks, contamination) or code violations?

Helpful Hints

Start early: locating title abstracts, surveys, and lien payoffs can take weeks.
Keep copies: provide both originals (if requested) and digital copies organized by type (deeds, liens, tax, lease).
Preserve evidence: don’t destroy receipts or communications that show payments or agreements between co‑owners.
Be proactive about appraisals: an early market valuation helps frame realistic settlement talks.
Expect costs: partition cases can incur fees (surveyor, appraiser, commissioner, court costs) that the court typically charges against the property or splits among owners.
Notify your title or homeowner’s insurer early if you have title coverage—some policies help with defense costs or provide information useful to the case.

Disclaimer: This article explains general Tennessee concepts about starting a partition action and lists commonly requested documents. It is educational only and not legal advice. Laws change and every case is different. Consult a licensed Tennessee attorney to get advice tailored to your exact situation.