Understanding Your Rights When a Co-Tenant Seeks to Force Sale of an Inherited Home

Detailed Answer

What a partition action is

A partition action is a court process that allows one or more co-owners of real property to ask the court to divide the property (partition in kind) or, if dividing is impractical, order a judicial sale and divide the proceeds (partition by sale). In Tennessee, partition law is found in the state’s statutes (see Tenn. Code Ann. § 29-28-101 et seq.). For the statutory text, see the Tennessee Code on the Legislature website: Tennessee Code, Title 29.

How courts usually treat inherited homes

An inherited home that is owned jointly (for example, by multiple heirs as tenants in common) can be partitioned. The court will consider whether the property can be fairly divided in kind. If not, the court may order sale and divide net proceeds among co-owners in proportion to their ownership shares. Tennessee courts apply equitable principles, so factors like occupation, contributions to mortgage/taxes/repairs, and improvements can affect the outcome.

Common defenses and responses you can raise

Request partition in kind — Ask the court to divide the property physically rather than sell. This is strongest when the property can be split fairly without extreme prejudice (rare for a single-family home, but possible on large parcels).
Show feasibility of division or unequal division — Provide evidence (survey, appraisals) that a portion can be allocated to you or that an unequal division should reflect differing contributions or equities.
Offset for contributions — Seek credit for mortgage, tax, utilities, insurance, repairs, or improvements you paid for. Courts often reduce another party’s share if you can document payments or improvements that increased value.
Equitable defenses — Argue unclean hands, laches (delay that prejudices you), fraudulent conduct, or breach of fiduciary duty if the co-tenant’s conduct merits equitable relief or affects distribution.
Adverse possession or exclusive ownership claims — Rare and fact-specific, but if you have exercised exclusive, continuous, open possession under color of title for the statutory period, discuss with counsel whether a claim exists.
Request a buyout — Propose that a co-tenant buy your interest at an appraised value or that you buy theirs. Courts can facilitate a buyout instead of sale.
Challenge valuation or sale process — Demand a court-ordered appraisal, challenge a low-market private sale, or object to sale procedures that aren’t fair.

Practical procedural steps to take immediately

Carefully read the complaint/petition. Note deadlines for answering and the court where the case is filed.
File a timely written response. Missing the answer deadline can forfeit defenses and let the other side control proceedings.
Preserve documents: deeds, wills, trust instruments, death certificate, mortgage statements, property tax bills, receipts for repairs/improvements, insurance payments, rent records, and any communications with co-tenants.
Get an independent appraisal or at least a broker’s market analysis. Valuation matters for buyouts or sale proceeds distribution.
Ask for mediation. Many courts encourage or require mediation in partition/equity disputes — it can produce a faster, less expensive resolution.
If occupancy is a concern, document who has lived in the home, who pays utilities and taxes, and whether rent is being collected or withheld.

What the court can order and how outcomes are divided

The court may order:

a partition in kind (actual division),
a sale with net proceeds divided according to ownership shares, or
a sale after adjustments that account for contributions, liens, encumbrances, and improvements.

Court costs, sale expenses, and liens (mortgages, tax liens) are typically paid from sale proceeds before co-owners split the net. If you made extra contributions, the court may award you reimbursement or adjust shares.

Who pays attorneys’ fees?

Tennessee courts generally follow the American Rule—each side pays their own attorney—unless a statute or contract provides for fees or the court finds bad faith. If misconduct occurred, the court may shift fees. Ask your lawyer whether fees can be recovered in your case.

When to involve an attorney

Partition actions are equity matters with procedural and evidentiary complexity. Hire a Tennessee attorney if the value is high, disputes over contribution/possession exist, documents are contested, or the other party seeks a sale you oppose. An attorney can file the proper defenses, gather evidence, and negotiate buyout or settlement terms.

Helpful Hints

Act quickly: note answer deadlines and ask the court for extensions if you need time to gather documents.
Collect proof of payments you made for mortgage, taxes, insurance, utilities, repairs, or improvements (bank records, cancelled checks, receipts).
Keep a written log of who lived in the house and when, rent collected or owed, and any agreements among co-owners—written agreements are far stronger than verbal ones.
Get an appraisal early. Knowing market value helps with buyout offers, settlement talks, and resisting low offers.
Consider mediation before costly litigation. Mediation can produce creative solutions: timed buyouts, co-ownership agreements, or staged sales that a court might not order.
Be prepared to propose equitable adjustments: if you paid mortgage or made improvements, present a clear accounting to the court.
Understand tax implications: sale proceeds and buyouts can have capital gains consequences. Consult a tax professional before finalizing a sale or settlement.
Preserve communications. Save emails and messages between co-tenants—these can be crucial evidence about agreements and intentions.

Where to look in Tennessee law

Partition matters are governed by Tennessee statutes and equity principles. See Tenn. Code Ann. § 29-28-101 et seq. for statutory rules governing partition actions. The Tennessee Legislature’s code collection is available here: https://www.capitol.tn.gov/legislation/title-29.html.

Final practical note

If you hope to keep the home, prepare a credible plan and proof showing how you will pay mortgage, taxes, and insurance, or a reliable buyout funding source. Courts are more likely to permit a buyout or delay sale when a feasible plan protects all parties’ economic interests.

Disclaimer: This article is for general information only and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Tennessee attorney.