Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.
Detailed Answer
Under Tennessee law, a partition action allows co-owners of real property to divide or sell the land. Once you’ve filed the complaint, served all parties, and the 30-day response period has expired, you must take the following steps to schedule a hearing:
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Verify Expiration of the Response Period
Ensure at least 30 days have passed since service of the summons and complaint. See Tenn. Code Ann. § 29-18-105 (default if no response is filed):
TCA § 29-18-105. -
File a Motion to Set Hearing
Prepare and file a written motion requesting the court to set a hearing on these issues: appointment of commissioners, valuation of property, or sale. Cite the specific relief you seek under the partition statutes (TCA § 29-18-102 et seq.).
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Submit a Proposed Order
Draft a proposed order that includes:
- Date, time, and place of the hearing
- A brief description of the hearing’s purpose
- Instructions for parties to appear or file objections
File the proposed order with the clerk alongside your motion.
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Serve Notice of Hearing
Under Tenn. R. Civ. P. 5 and local court rules, you must serve all named parties (and any lienholders) with a copy of the motion, proposed order, and notice of hearing. Service typically requires mailing at least 10 days before the hearing date.
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Ensure Compliance with Timing Requirements
Confirm that your notice period satisfies both the Tennessee Rules of Civil Procedure and any county-specific administrative order. Late notice can result in continuance.
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Appear at the Hearing
On the scheduled date, attend the hearing prepared to present evidence on value, division method, or sale procedures. If no party appears, you may request a default order under TCA § 29-18-105.
Key partition statutes:
- TCA § 29-18-102: General partition provisions
- TCA § 29-18-105: Default if no answer
- TCA § 29-18-106: Partition by sale
Helpful Hints
- Double-check local rules for hearing dates and filing deadlines.
- Use certified mail or a process server to confirm service of notices.
- Attach affidavits of service to your motion to avoid disputes.
- Confirm courthouse availability before proposing a hearing date.
- Coordinate with opposing counsel to streamline scheduling.