Detailed Answer

Short answer: Petitioners are the people or entities who ask the court to divide or sell the property — generally the owners (co-owners) who want the partition. In Tennessee, anyone with a present legal interest in the property can bring a partition action; multiple co-owners who agree can join together as petitioners. If an owner cannot act (minor, incapacitated, deceased, or a business entity), the properly authorized representative (guardian, personal representative/executor, trustee, corporate officer, or registered agent) must act for them.

Who counts as a petitioner in a Tennessee partition suit?

Co-owners who want partition: If you hold title (as tenant in common, joint tenant, or other co-owner) and you want the court to divide or sell the property, you are a natural petitioner.
Multiple co-owners together: Two or more co-owners who agree may file a single petition together as co-petitioners.
Authorized representatives for non-capacitated owners: A trustee (for trust-owned property), a personal representative or executor (for property of a deceased owner’s estate), a guardian (for a minor or incapacitated owner), or an authorized officer/agent (for corporate or LLC ownership) should be listed as the petitioner on behalf of the owner they represent.
Entities with ownership interests: If an LLC, corporation, partnership, or trust owns the property, the petition should name the entity (not the individual members) as the owner; the representative who can act for the entity signs and appears for it.

Who should NOT automatically be a petitioner?

Someone who only has a mortgage or a recorded lien but no ownership interest is typically not a petitioner; instead, lienholders are usually named as defendants or otherwise joined so the court can clear liens. If a lienholder also holds ownership rights, they may be a petitioner.
People who do not claim any legal interest in the property should not be listed as petitioners.

Required parties and joinder (practical rules)

To get complete relief, Tennessee courts expect you to identify all persons and entities with a recorded or known interest in the property so the court can resolve everyone’s rights. If you do not join an owner who has an ownership interest, the court may require you to name them as a defendant or add them later. For rules on joinder and necessary parties, see the Tennessee Rules of Civil Procedure: Tenn. R. Civ. P.

Statutory guidance on partition actions in Tennessee is located in the Tennessee Code; see the partition chapter for procedure and related provisions: Tenn. Code Ann., Title 29, Chapter 27 (Partition).

Common situations and who should petition

Two of three co-owners want to sell: The two who want sale can file as petitioners against the third owner (named as a defendant).
All co-owners agree to split: All co-owners can join as co-petitioners and ask the court to divide the parcel or confirm a boundary division.
Property owned by an estate: The personal representative of the decedent’s estate should file on behalf of the estate (or the estate may be represented as a party while the personal representative signs).
Trust-owned property: The trustee files in the name of the trust or in the trustee’s representative capacity.
Business entity owns the property: The entity is the owner; an authorized officer or registered agent files for the entity.
Minor or incapacitated owner: A guardian or guardian ad litem must be appointed or the petition must seek appointment so the court can protect the minor/incapacitated person’s interest.

How to list names and addresses

List each petitioner by full legal name and give a current mailing address. For entities, list the full legal name of the entity and the name of the person signing on its behalf. For representatives (executor, trustee, guardian), indicate the representative’s capacity — for example, “Jane Smith, Personal Representative of the Estate of John Doe.” Accurate naming matters: misnaming can delay the case or require amendment.

Sample hypothetical

Hypothetical: Three siblings—Anna, Ben, and Carol—own a Tennessee house as tenants in common. Anna and Ben want to force a sale because they can’t use the property. Anna and Ben may file a partition petition as co-petitioners and list Carol as a defendant. If Carol is a minor, Anna and Ben would ask the court to appoint a guardian ad litem or guardian for Carol so her interest gets protected. If the title is in the name of “Doe Family Trust,” the trustee should be the petitioner rather than Anna, Ben, and Carol individually.

Practical next steps

Run a title search to identify all record owners, lienholders, mortgagees, and recorded interests.
Decide who will be petitioners (all owners who want relief should join). If someone cannot or will not join, they can be made a defendant.
Identify representatives for entities, trusts, estates, minors, or incapacitated owners and include their capacity in the caption.
Prepare and attach documentation (deeds, trust instruments, letters of administration, corporate resolutions) showing authority for anyone signing on behalf of another.
Be ready to serve all persons with a recorded interest per Tenn. R. Civ. P. and the court’s rules so the court can obtain jurisdiction over all necessary parties.

When to get an attorney

Partition cases involve title questions, liens, equitable claims, and sometimes family disputes. An attorney can help you (1) identify all necessary parties, (2) draft correct captions and pleadings, (3) determine whether partition in kind or sale is appropriate, and (4) protect the interests of minors or incapacitated owners. If the ownership chain is complex (trusts, estates, businesses, liens), consult counsel before filing to avoid mistakes that could increase cost and delay.

Helpful Hints

Do a full title search before filing — missing a recorded interest can force re-service or dismissal.
If multiple owners agree, file together as co-petitioners to reduce complexity.
If an owner is deceased, find the personal representative’s letters of administration and include them with your filing.
For trust-owned property, include a copy of the trustee’s appointment and the portion of the trust instrument showing authority to act.
If an owner is a business, check its formation documents for the correct legal name and the authorized signatory.
Document communications with co-owners — a written agreement to sell or divide can simplify the court’s job.
Expect the court to require notice to all persons with a possible interest — plan for additional time and cost for service.
Use clear captions in the complaint: name petitioners, state their capacities (if any), and name defendants with addresses whenever known.

Resources: Tennessee partition statutes: Tenn. Code Ann., Title 29, Chapter 27. Tennessee Rules of Civil Procedure (joinder and service rules): Tenn. R. Civ. P.

Disclaimer: This article explains general information about Tennessee partition actions and is not legal advice. Laws change and every case is different. Consult a licensed Tennessee attorney for advice about your specific situation.