Filing a Partition Action in Tennessee to Force Sale of an Inherited Interest

Disclaimer: I am not a lawyer. This article explains general Tennessee procedures and common issues to help you understand your options. This is not legal advice. Consult a licensed Tennessee attorney about your specific situation.

Detailed Answer — How a partition action works in Tennessee and how to start one

When two or more people co-own real property and one owner wants to end the joint ownership but the owners cannot agree, Tennessee law allows a co-owner to ask a court to divide the property or force its sale. This court process is called a partition action. Partition can apply to inherited property that passed to multiple heirs or to any co-owned land, regardless of how ownership arose.

Who can file?

Any owner of an undivided interest in the real property may file a partition action. That includes heirs who inherited an interest through probate, joint tenants (subject to any survivorship rights), tenants in common, or others who hold title. If you have only an equitable or claimed interest (not a recorded title or estate interest), the court will review your claim and the evidence.

Which court hears partition disputes?

In Tennessee, partition actions are typically filed in Chancery Court (the court that handles equity matters). You will file in the county where the property is located. For general information about Tennessee courts see the Tennessee Judicial Branch: https://www.tncourts.gov/. For Tennessee statutes and to review the state code, use the Tennessee Code site: https://www.capitol.tn.gov/.

Types of partition

The court has two primary options:

Partition in kind: The court divides the land so each owner gets a separate physical portion. Courts prefer this when a fair division is practical without greatly harming property value.
Partition by sale: If the land cannot be fairly divided (for example, a single house on a small lot), the court orders a sale and divides proceeds among the owners according to their ownership shares after paying liens, mortgage balances, costs, and court-ordered credits.

Steps to file a partition action (typical sequence)

Try to reach an agreement first. Courts encourage owners to attempt a voluntary division or buyout. Mediation or a written buyout offer can save time and costs.
Gather documents. Collect the deed(s), probate order or will showing inheritance (if applicable), title search or abstract, mortgage statements, tax records, and any agreements among owners.
Prepare and file a complaint for partition. The complaint names all co-owners (and lienholders), describes the property, states each party’s claimed interest, and requests partition in kind or by sale. The complaint must be filed in the chancery court for the county where the property sits.
Service of process. All parties and recorded lienholders must be properly served. If an owner’s whereabouts are unknown, the court may allow service by publication after you show reasonable efforts to locate them.
Pretrial and discovery. Parties exchange documents, possibly complete title or boundary surveys, and may depose witnesses. The court may order appraisals or a partition commissioner to evaluate division options.
Commissioner or master appointed. If the court cannot divide the property itself, it typically appoints a commissioner or master to recommend a division or to conduct a sale and handle sale proceeds.
Sale or division. If sale is ordered, the court supervises notice, sale method (e.g., public auction or broker sale), approval of sale terms, and distribution of proceeds. If the property is divided in kind, the court issues a final decree setting the new boundaries and directing conveyances.
Final accounting and decree. The court resolves liens, credits for improvements or expenses paid by an owner, costs, and divides net proceeds or issues deeds to reflect the division. The court enters a final judgment/decree to conclude the case.

Common issues and special considerations

Title and probate overlap: If the property passed through probate, ensure the estate administration is complete or that you have authority to act. A pending probate may affect partition timing and party definitions.
Liens and mortgages: The court will usually pay lienholders from sale proceeds. Mortgage holders can protect their security interest; unpaid mortgages may lead the court to order sale to satisfy debt.
Claims for credit or reimbursement: An owner who paid taxes, mortgage, or made improvements may claim credit against proceeds; the court will weigh equitable factors.
Minor or incapacitated co-owners: The court protects their interests; a guardian ad litem or conservator may be required.
Costs and attorney fees: The court typically charges filing fees and may appoint a commissioner; attorney fees are not routinely awarded unless a statute or contract provides, or the court finds special circumstances.

Timing and likely timeline

The timeline varies widely. A relatively uncontested partition can take a few months. A contested matter with title disputes, missing parties, or complex liens can take a year or more. Expect appraisal, discovery, hearings, and possibly appeals to extend the process.

Practical options before filing

Offer a buyout: propose that one owner purchase the others’ shares using an appraisal-based price.
Agree on use: create a written agreement for shared use, rental, or maintenance obligations while avoiding litigation.
Mediation: a neutral mediator can help co-owners reach a consensual resolution and avoid court costs.

Where to get forms and local rules

Chancery Courts handle partition cases. Check the local county chancery court clerk’s office for filing requirements and fee schedules. For statewide court information, see: https://www.tncourts.gov/. For the Tennessee Code and to review statutes that govern civil and chancery procedures, visit: https://www.capitol.tn.gov/.

Helpful Hints

Gather these before you file: recorded deed(s), probate documents (letters testamentary or administration), tax bills, mortgage statements, survey or property description, and correspondence among owners.
Get an appraisal early. A current market value simplifies buyout offers and helps the court set sale terms if needed.
Check recorded liens and mortgages. A title search will reveal encumbrances that must be resolved or paid from sale proceeds.
Consider mediation first. Courts often prefer settlement and mediation can preserve family relationships while saving money.
If a co-owner wants to keep the property, propose a cash buyout based on a neutral appraisal plus costs and credits.
Budget for court costs, survey fees, appraisal fees, commissioner fees, and attorneys’ fees. These can reduce net proceeds from a sale.
If a co-owner is missing, ask the clerk about service by publication — courts allow it when you show reasonable effort to locate them.
Hire a Tennessee attorney experienced in chancery/real property and probate disputes to protect your interest and to prepare pleadings and pursue equitable credits you may be entitled to (taxes paid, improvements, mortgage payments).

If you want help finding a Tennessee attorney who handles partition or real property litigation, a local bar association or the Tennessee Bar Association can provide lawyer referral resources.