Detailed Answer
Under Tennessee law, co-owners of real property may seek a partition to divide or sell the property when they cannot agree on its use. The process follows Title 29, Chapter 26 of the Tennessee Code. You can either initiate a partition action or consent to one already filed.
1. Determine Eligibility and Ownership Interests
Any joint tenant, tenant in common or holder of an undivided interest may petition for partition. Review your deed and title to confirm your percentage interest.
2. Prepare and File a Petition for Partition
File a written petition in the Chancery or Circuit Court of the county where the property lies. The petition must:
- Identify the property by legal description.
- Name all co-owners and any lienholders as defendants.
- State that partition is proper under T.C.A. § 29-26-101.
- Pray for either physical division or sale.
3. Service of Process
Serve each co-owner with the petition and summons according to the Tennessee Rules of Civil Procedure. Service can be personal, by certified mail, or by publication if an owner cannot be located (T.C.A. § 29-1-113).
4. Filing Consents
If all co-owners agree, each may sign a written consent and file it with the court. The court then may proceed to appoint a commissioner without further notice or hearing.
5. Appointment of a Commissioner
After the petition and any consents are on file, the court appoints a neutral commissioner under T.C.A. § 29-26-201. The commissioner’s duties typically include:
- Inspecting the property.
- Valuing the property and improvements.
- Proposing a physical division or sale method.
6. Notice and Hearing on Commissioner’s Report
The commissioner files a written report. The court sets a hearing and notifies all parties. Owners may object or accept the recommendations.
7. Conducting the Sale or Division
If division is impractical, the commissioner orders a public sale. Notice must comply with T.C.A. § 29-26-204: publish in a local newspaper at least 15 days prior. The highest bidder obtains title, subject to court confirmation.
8. Distribution of Proceeds or Interests
After confirmation, the commissioner disburses sale proceeds or divides parcels according to each owner’s share. The court signs and records a final decree.
Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Helpful Hints
- Review deeds and survey maps before filing.
- Consider mediation to avoid court costs.
- Gather all title documents and mortgage statements.
- Check local court rules for filing fees and procedures.
- Maintain clear records of notices and served papers.
- Engage a real estate appraiser to estimate fair market value.
- Be prepared to attend hearings or mediation conferences.
- Consult an attorney for personalized guidance.