What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (TN)
What to expect when mediation does not resolve a dispute over jointly owned land under Tennessee law Detailed answer — Overview of a partition action in Tennessee If parties who own real property together cannot settle their dispute through mediation, one owner can ask a court to force a division or sale of the property […]
Read article →How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? – TN
How to negotiate a fair buyout of your interest in family land in Tennessee This FAQ explains how to negotiate a fair buyout when a co-owner offers much less than an appraisal. It assumes you own an undivided fractional interest in family land in Tennessee and your co-owner wants to purchase your share. This is […]
Read article →How do co-owners initiate a partition action to divide or sell shared real property? (TN)
Detailed Answer — How co-owners start a partition action to divide or sell shared real property in Tennessee Short answer: In Tennessee, a co-owner who wants to divide or force the sale of jointly owned real property files a partition petition (an equitable action) in the appropriate Chancery Court asking the court to either physically […]
Read article →How is property divided in an actual partition of real property when some acres are better than others? (TN)
FAQ: How is property divided in an actual partition of real property when some acres are better than others? Quick answer: In Tennessee, a court will try to divide land fairly. If the land can be divided physically (partition in kind) the court or parties will allocate the better and worse acres so each owner […]
Read article →How can a co-owner obtain monetary compensation instead of receiving physical property? (TN)
FAQ: How can a co-owner obtain monetary compensation instead of receiving physical property? Short answer: In Tennessee a co-owner who wants money instead of a share of the physical property can either negotiate a voluntary buyout with the other co-owner(s) or ask a court to order a partition by sale. If the co-owners cannot agree, […]
Read article →Can I negotiate with my siblings to avoid a partition action in Tennessee on inherited property?
Negotiating with Siblings to Avoid a Partition Action in Tennessee Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed Tennessee attorney for guidance on your unique situation. Detailed Answer When you inherit real property with siblings in Tennessee, all co-owners hold undivided interests in the estate. If […]
Read article →How to coordinate realtor selection with a co-owner for a joint property sale in Tennessee?
Disclaimer: This article provides general information and does not constitute legal advice. Detailed Answer When two or more owners decide to sell jointly owned real estate in Tennessee, coordinating the selection of a real estate agent is key to a smooth transaction. Follow these steps: Schedule a Joint Meeting. Set a time for all co-owners […]
Read article →How to Calculate and Recover Carrying Costs from a Co-Owner in a Joint Sale Agreement in Tennessee (TN)
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When co-owners enter a joint sale agreement under Tennessee law, they often share carrying costs such as property taxes, mortgage interest, insurance and maintenance. To calculate and recover your share from a co-owner, follow these steps: Identify Carrying Costs: […]
Read article →How to Apply for a Tennessee Medicaid Hardship Waiver to Protect Inherited Property from Estate Recovery Claims
Disclaimer: This article is for educational purposes only and does not constitute legal advice. For guidance tailored to your situation, consult a licensed attorney. Detailed Answer When a Medicaid recipient in Tennessee passes away, TennCare may recover costs paid on their behalf by placing a claim against their estate. Your inherited property—such as a family […]
Read article →What steps are required to initiate or consent to a partition action before a court-appointed commissioner in Tennessee?
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 […]
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