Detailed Answer
Overview of Partition Suits
In Tennessee, a partition action lets co-owners divide real property or force its sale when they cannot agree on ownership rights. The statutory framework appears in Tenn. Code Ann. § 29-28-101 et seq. (link: https://law.justia.com/codes/tennessee/2018/title-29/chapter-28/section-29-28-101/).
1. Filing the Complaint
Any co-owner may file a “Complaint for Partition” in the Circuit or Chancery Court of the county where the property lies. The complaint must:
- Identify the property and its legal description.
- Name all known co-owners (Tenn. Code Ann. § 29-28-102).
- State the nature of each party’s interest.
After filing, the plaintiff must serve summons and a copy of the complaint on every defendant co-owner. The court will enter an order setting the case for hearing.
2. Determining Partition in Kind vs. Sale
At the hearing, the court will evaluate whether:
- Partition in Kind (physical division) is practical and equitable; or
- Partition by Sale better serves the parties due to the nature or location of the land.
If the court finds in-kind division impracticable, it will order the property sold at public auction and direct how to distribute the proceeds under Tenn. Code Ann. § 29-28-103 (link: https://law.justia.com/codes/tennessee/2018/title-29/chapter-28/section-29-28-103/).
3. Appointment of Commissioners
For in-kind partition or to oversee a sale, the court appoints at least three commissioners (Tenn. Code Ann. § 29-28-104). Their duties include:
- Surveying and mapping potential divisions.
- Reporting whether in-kind partition is feasible.
- Conducting a public sale if so ordered, advertising it per statute.
The court adopts the commissioners’ report unless parties successfully object.
4. Conducting the Sale and Distributing Proceeds
When the court orders a sale, the commissioners must publish sale notices in a local newspaper and post notice at the courthouse (Tenn. Code Ann. § 29-28-105). The highest bidder at public auction wins, and the commissioners convey title. Finally, the court directs distribution of sale proceeds according to each co-owner’s share.
Disclaimer: This article does not constitute legal advice. For advice specific to your situation, consult a licensed Tennessee attorney.
Helpful Hints
- Check property tax records to confirm all co-owners’ names and interests before filing.
- Consider mediation to avoid litigation costs and preserve relationships.
- Gather a recent survey or have one conducted before the partition hearing.
- Understand that sale by commissioners typically takes 60–90 days from the court order.
- Consult an attorney about potential liens, mortgages, or judgments affecting title.