Disclaimer

This information is educational only and is not legal advice. I am not a lawyer. If you need legal advice about splitting or forcing the sale of co-owned land in Tennessee, consult a licensed Tennessee attorney who can review your situation and your documents.

Detailed answer — step-by-step overview under Tennessee law

When multiple people own farmland together but cannot agree about use, possession, or disposition, Tennessee law allows one or more co-owners to seek a court-ordered partition. A partition divides the property physically among the owners (partition in kind) or forces a sale and divides the proceeds (partition by sale) when division in kind is impractical or inequitable.

Below are the common steps and legal issues you will encounter in Tennessee. The exact procedure and remedies vary by county and by whether the property is held as tenants in common, joint tenants, or under another arrangement. Courts decide matters based on title, fairness, and practicality.

1. Identify ownership and collect documents.

   First, confirm how title is held (deed, will, trust, or other instrument). Common forms of co-ownership are tenants in common and joint tenants. Gather deeds, mortgages, wills, trust documents, survey plats, tax records, leases, and any written agreements among owners. These documents determine who can bring a partition action and how proceeds are divided.

2. Try negotiation or mediation.

   Court is often avoidable. Co-owners should attempt negotiation, buyouts, or mediation. A buyout is where one owner purchases the interest of the others — typically based on an agreed appraisal. Mediation or facilitated settlement can save time and costs and keep the farm intact.

3. Obtain an appraisal and practical analysis.

   Get a professional appraisal and a practical assessment of whether the farm can be divided physically without destroying its value (partition in kind). If the farmland can be fairly and practically split (for example distinct, contiguous tracts or multiple fields), a court may order division in kind. If not (one single family homestead, impractical access, or loss of value), a sale is likelier.

4. Filing a partition action in the appropriate Tennessee court.

   A partition action is a civil suit initiated by one or more owners asking the court to divide the property or order a sale. In Tennessee, these actions are handled in state courts (often chancery or circuit courts depending on local practice). The complaint names all known owners and interested parties (mortgage holders, lienholders, tenants). The court provides notice and an opportunity to respond.

5. Pleadings, discovery, and hearings.

   After the complaint is filed and served, defendants answer and the parties exchange information (title, surveys, valuations). The court may hold hearings on whether partition in kind is feasible, on property valuation, and on claims by lienholders or occupants. Tennessee courts have equitable discretion; the court balances fairness, physical division feasibility, and interests of creditors.

6. Appointment of commissioners or referees to divide or sell.

   If the court orders partition in kind, it may appoint commissioners or a surveyor to prepare a proposed division and report to the court. If partition by sale is ordered, the court typically appoints a commissioner or master to conduct the sale according to court instructions, advertise the sale, and receive bids. The commissioner reports back to the court for confirmation of sale.

7. Sale and distribution of proceeds.

   If the property is sold (public auction or court-supervised sale), the court determines how sale proceeds are distributed: paying liens, taxes, and sale costs first, then dividing the net proceeds among owners according to their ownership interests. If one owner had paid more toward mortgages or improvements, claims for contribution or equitable adjustment may affect distribution and are addressed by the court.

8. Possession while the case is pending.

   Co-owners with physical possession may stay in possession but the court can award temporary possession, rents, or appoint a receiver to manage the property if necessary. Claims for rents or for contribution for maintenance and taxes are common in partition suits.

9. Costs, fees, and timelines.

   Expect court costs, attorney fees (if allowed by contract or statute), appraisal fees, and commissioner fees. Partition cases can take months to more than a year depending on disputes, complexity, and whether appeals follow.

For Tennessee statutory guidance and rules that govern civil actions and courts, consult the Tennessee Code and state court rules. A useful place to start is the Tennessee General Assembly site for state statutes: Tennessee Code Annotated, Title 29 (Civil Actions), and the Tennessee Judiciary rule pages at tncourts.gov — Rules.

Short hypothetical example

Three siblings inherit 120 acres as tenants in common. Two want to keep the family farm; one wants cash. They try negotiation but fail. One sibling files a partition action. After appraisals and a court hearing, the judge finds physical division would leave two parcels with poor access and greatly reduce value, so orders a court sale. The court appoints a commissioner, the land is sold at a supervised sale, mortgage and liens are paid, sale costs are deducted, and the remainder is divided among the siblings according to their ownership shares — after the court resolves a claim by one sibling for reimbursement of unpaid property taxes.

Helpful hints — practical steps to prepare and protect your interests

• Confirm title: obtain a current title report or deed history to know who must be named in any lawsuit.
• Gather paperwork: deeds, surveys, tax bills, mortgage statements, leases, and any written agreements among owners.
• Get an independent appraisal early to inform negotiation and court proceedings.
• Attempt a buyout or mediation before filing suit — courts favor settlements that preserve value.
• Consider whether physical division (partition in kind) is practical — look at access, utilities, field patterns, and fences.
• Talk to a local Tennessee attorney experienced with real property and partition actions to learn procedural rules and local practice.
• Be prepared for claims about contribution (payments for mortgage, taxes, improvements) — keep records of your expenses.
• Understand tax implications of a sale or buyout: get tax advice about capital gains and basis adjustments.
• If you are occupying the property, document improvements and repairs; courts may consider equitable adjustments for contribution.
• Expect court costs and delay; weigh litigation costs against potential benefits of preserving the land intact.