Tennessee — How to File a Partition Lawsuit When Co-Owners Can’t Agree

Detailed Answer

When co-owners cannot agree on dividing real property in Tennessee, the statutory remedy is a partition action under Tennessee law. The following explains the typical process, what to expect, and key legal rules you should know.

1. Who can bring a partition action?

Any co-owner of real property may ask a Tennessee court to partition the property. This usually applies to tenants in common and often to joint tenants. The court acts to protect each owner’s share when voluntary agreement fails. For the statutory framework, see Tennessee Code Annotated, Title 29, Chapter 27: Tenn. Code Ann. Title 29, Ch. 27 (Partition).

2. Pre-filing steps you should take

• Confirm ownership: pull the deed and title history (county register of deeds).
• Identify all parties: list all owners, spouses when necessary, and any lienholders or mortgagees.
• Try negotiation: offer a buyout, mediation, or sale agreement. Courts favor settlement and may require efforts to resolve the dispute first.
• Get an appraisal or market valuation so parties have realistic expectations about value and buyouts.

3. Where to file

File the partition complaint in the Tennessee trial court with jurisdiction over the county where the property sits. Partition actions are governed by state statute and are typically handled in the county-level trial court (chancery or circuit court, depending on local practice). The complaint must name all owners and known lienholders and provide a clear legal description of the property.

4. Contents of the complaint

A partition complaint generally asks the court to:

• Declare the ownership interests of the parties.
• Order partition in kind (divide the land) if feasible, or
• Order partition by sale if in-kind division is impracticable.
• Appoint commissioners or a referee to view the property, prepare a division plan, or conduct a sale.
• Account for rents, profits, and contributions (mortgage payments, taxes, improvements) and allocate credits among parties.

5. Service, notice, and interim protection

All named parties and lienholders must be served with the complaint. A plaintiff can ask the court for interim relief — for example, a temporary injunction preventing a co-owner from selling, encumbering, or wasting the property while the case is pending. The plaintiff may also record a lis pendens to put prospective buyers on notice of the dispute.

6. Commissioners, surveyors, and the court’s inquiry

The court commonly appoints commissioners, a referee, or an appraiser to inspect the property and report whether a fair division in kind is possible. If the property can be physically divided without substantial prejudice to owners, the court may order division in kind. If division would be unfair or impractical, the court will order a sale.

7. Partition by sale

If the court orders sale, it will set the manner of sale (public auction, private sale supervised by the court, or sale by commissioners). The sale proceeds first pay mortgages, liens, and court costs. Remaining proceeds divide among owners according to their ownership shares, subject to credits for payments made by any co-owner (e.g., mortgage or tax payments) and for improvements.

8. Accounting, credits, and distribution

The court will require an accounting of all relevant financial contributions, rents, and profits. Owners who paid more than their share (mortgage payments, taxes, necessary improvements) can seek credits before the net sale proceeds distribute.

9. Timing and likely duration

Simple partition cases can resolve in a few months if parties cooperate. Contested actions with disputes over title, valuations, or liens commonly take twelve months or longer. Delays increase when appeals, complex title issues, or contested valuations arise.

10. Costs, fees, and attorney fees

Parties pay court filing fees, costs for appraisals, surveyors, and commissioners, and attorneys’ fees. Tennessee courts may award costs and reasonable attorney fees in some circumstances, but awards are discretionary and fact-specific. Expect the court to allocate costs and expenses in its final decree.

11. Tax and financial consequences

A sale can trigger capital gains taxes and other tax consequences. A buyout may affect mortgage obligations. Consult a tax professional to understand the tax effects of sale, distribution, or buyout.

12. Practical alternatives to litigation

Before filing, consider mediation, negotiated buyouts, or selling the property by agreement and splitting the proceeds. These options usually save time and money compared with a full partition action.

Helpful Hints

• Collect documentation: deed, mortgage statements, tax bills, insurance policies, leases, and records of improvements or repairs.
• Get a local market appraisal early to set realistic expectations and inform buyout offers.
• Name every possible party in the complaint, including lienholders, to avoid later claims that someone was omitted.
• Record a lis pendens after filing to protect the property from third-party transactions.
• Consider a temporary injunction if a co-owner threatens sale or removal of assets from the property.
• Ask the court for a full accounting so contributions and credits are recorded before the final split.
• Explore mediation first; many counties have court-connected mediation programs that save time and money.
• Budget for costs: appraisals, survey, commissioners’ fees, and potential attorney fees can be significant.
• Check local practice: some Tennessee counties use chancery court routinely for partition; others may use circuit court. Confirm venue and filing rules with the county clerk or a local attorney.
• Talk to a Tennessee real property attorney about quiet-title issues, boundary disputes, or title defects before filing; those issues can complicate partition cases.

For the statutory partition rules, see Tennessee Code Annotated, Title 29, Chapter 27: https://www.capitol.tn.gov/tennessee-code/title-29/chapter-27/.

If you decide to proceed, gather documents and consult a Tennessee attorney to confirm the best filing strategy for your county and to help protect your financial rights.