Detailed Answer
Under Tennessee law, any co-owner of real property—whether a spouse or another party—can file a partition action to divide or sell the property. This procedure is governed by Tenn. Code Ann. § 29-27-101, which allows joint tenants or tenants in common to seek a court-ordered split in kind or a sale with proceeds divided among owners (Tenn. Code Ann. § 29-27-101).
However, when property is owned by spouses, it often qualifies as marital property. In a divorce, the chancery court uses Tennessee’s equitable distribution rules to divide marital assets, as outlined in Tenn. Code Ann. § 36-4-121 (Tenn. Code Ann. § 36-4-121). That division considers factors like each spouse’s contribution, the duration of the marriage, and economic circumstances.
Key points to consider:
- If you and your spouse hold property as tenants in common or joint tenants, you may independently petition for partition before divorce.
- A pre-divorce partition does not alter how a divorce court classifies or values marital assets. The divorce court retains authority to reorder distributions even after partition.
- Filing a partition suit while divorce is pending can lead to parallel proceedings. Courts may stay one action until the other resolves to avoid conflicting orders.
In practice, many spouses wait until final divorce to divide real estate. This ensures the court’s equitable‐distribution process applies uniformly to all marital assets. If you choose to file a partition action first, be prepared for additional filings and possible coordination between the chancery judge handling your divorce and the circuit or chancery judge handling the partition.
Helpful Hints
- Review the property deed to confirm how you hold title (joint tenancy vs. tenants in common).
- Consult a family law attorney to understand how partition may affect your divorce settlement.
- Consider mediation or negotiation to split real estate before filing suit.
- If you proceed, file your partition complaint in county chancery or circuit court under Tenn. Code Ann. § 29-27-101.
- Gather supporting documents: deeds, mortgage statements, appraisal reports, and separation agreements.
Disclaimer: This article provides general information about Tennessee law and does not constitute legal advice. You should consult a qualified attorney to address your specific situation.