Quick answer (plain language)

If you and one or more people own Tennessee real estate together — for example you and siblings inherited your late father’s house as tenants in common — any co-owner can ask a court to divide the property or order its sale. That request is called a partition action. You file the case in the county where the land is located, name all people and entities who have an interest in the property, and ask the court either to divide the land physically (partition in kind) or to sell it and divide the money (partition by sale). If the property is not easily divisible, a court commonly orders a sale and splits the proceeds according to ownership shares. This article explains the typical Tennessee steps, issues to watch for, and practical tips for preparing.

How partition actions work in Tennessee — the fundamentals

Partition is an equitable remedy that lets co-owners force the division or sale of real property when they cannot agree. Courts generally prefer dividing land when a fair physical split is possible. When dividing the land would be impractical or would reduce the value for one or more owners, the court will order a sale and distribute the proceeds to owners according to their ownership interest.

Partition actions are civil cases filed in the county where the property is located. If the property is also part of a probate estate, that status affects timing and parties: if the title is still in the decedent’s estate, a partition may require coordination with the probate court or may be brought after the property is distributed to heirs. If the title already passed to heirs (by will, deed, or intestacy), the heirs are the ones who may be co-owners and respondents in a partition action.

For the Tennessee Code and court resources, start at the Tennessee General Assembly code site: https://www.capitol.tn.gov/ and the Tennessee Courts self-represented litigant information: https://www.tncourts.gov/programs/self-represented-litigants.

Step-by-step: How to prepare and file a partition action in Tennessee

1. Confirm ownership and title status.

   Obtain a copy of the deed (from the county register of deeds) to see how title is held. If the deed names your late father alone and probate has not yet closed, the property may be part of his estate. If the deed already shows multiple owners or a deed was recorded transferring title, use that information when naming parties.

2. Check for probate and any pending estate administration.

   If the estate is open, talk with the personal representative (executor/administrator). Partition proceedings can be affected by probate: the personal representative may need to be a party, or the property may need to be distributed in probate before partition proceeds.

3. Identify all parties and possible claimants.

   Name every person or entity that may claim an interest in the property: co-owners, heirs, beneficiaries, mortgage holders, judgment creditors with recorded liens, and any unrecorded claimants you can reasonably locate. Failing to name a person with an interest can delay or upend the case.

4. Gather documents.

   Collect the deed(s), death certificate, will (if any), probate case number (if any), mortgage and lien records (from the register of deeds), tax bills, homeowner association documents, and any written agreements among owners.

5. Prepare a complaint for partition.

   The complaint states who you are, why you have a right to relief, the property legal description, how title is held (if known), and a request for either partition in kind or sale. Many Tennessee counties have local forms or clerk directions; check the county clerk/chancery court website or the Tennessee courts self-help resources for guidance.

6. File the complaint in the proper court and serve all parties.

   File in the county where the land is located. Civil venue rules and whether the case goes to chancery or circuit court vary by county and by relief requested; chancery courts historically handle equitable matters. After filing, serve each defendant according to Tennessee rules so the court can obtain jurisdiction.

7. Court steps after filing: commissioners, appraisal, and sale.

   If the court orders partition in kind, it may appoint commissioners or a surveyor to divide the land. If the court orders sale, it typically requires appraisal, public notice, a court-ordered sale (often at auction or through private sale under court supervision), and then confirmation of the sale. The court will distribute proceeds after paying liens, costs, and any court-ordered expenses.

8. Address liens, mortgages, and expenses.

   Recorded liens (mortgages, judgments, tax liens) normally attach to the property and must be paid from sale proceeds or otherwise resolved. The presence of liens can reduce the net proceeds available to owners and complicate sale logistics.

9. Possible settlement or buy-out.

   Often co-owners reach an agreement before the court divides or sells the property — for example, one co-owner buys out others at an agreed price. Courts often give parties time to negotiate, so explore settlement before pursuing contested litigation.

Common complications and how Tennessee courts typically handle them

• Title still in probate: If the property is not yet distributed, the court may require resolution of probate issues first or may join the personal representative as a party. Coordinate with the probate court.
• Multiple heirs and unknown claimants: The court will require service or notice to known parties and may use publication when parties cannot be located. Missing parties can delay final distribution.
• Mortgages and liens: Sales are generally subject to lien priorities. Payoff amounts come from sale proceeds. If a mortgage is in default, the lender may have foreclosure remedies that affect partition timing.
• Disputes over ownership share: If ownership percentages are unclear, the court may hold an evidentiary hearing to establish each party’s interest before dividing proceeds.
• Family conflict and emotion: Partition litigation can strain relationships. Consider mediation, buyout negotiations, or selling by mutual agreement to reduce cost and delay.

Typical timeline and costs

Timing varies. Uncontested or settled matters may resolve in a few months. Contested cases with complex title, lien disputes, or many parties can take a year or more. Costs include court filing fees, service of process, title and lien searches, appraisals, commissioner or surveyor fees, and attorney fees. If you settle, you control costs more; if the case goes to trial, expect higher expenses.

Practical checklist before you file

• Obtain certified copy of the death certificate.
• Get a copy of the recorded deed and run a title/lien search at the county register of deeds.
• Determine whether a will or probate case exists; get the probate case number if open.
• Identify and list all relatives, heirs, and other possible claimants you can locate.
• Collect recent property tax statements, mortgage statements, and HOA documents.
• Consider requesting a short title opinion or consultation from a Tennessee real estate or probate attorney before filing.

Where to find Tennessee forms and statutes

Use these official resources:

• Tennessee General Assembly code site (to read Tennessee statutes and search legislative code): https://www.capitol.tn.gov/
• Tennessee Courts — self-represented litigant resources and court contact information: https://www.tncourts.gov/programs/self-represented-litigants
• County register of deeds and chancery/circuit court clerk websites for local forms, filing fees, and procedural rules (search your county’s official site linked from tncourts.gov).

When to get an attorney

Consider hiring a Tennessee attorney if any of the following apply:

• Title is unclear or the property remains in probate.
• There are mortgages, tax liens, or judgment liens on the property.
• Co-owners dispute ownership shares or the facts of inheritance.
• There are many potential claimants or one or more parties are difficult to locate.
• You want to negotiate a buyout, settlement, or have the matter handled without court hearings.

An attorney can prepare pleadings, ensure proper service and joinder of parties, advise about how liens and taxes affect proceeds, and represent you at any hearings.

Helpful hints

• Try to resolve ownership issues with family negotiation or mediation before filing — it saves time and money.
• Obtain a title or lien search early; unexpected liens often determine whether a sale yields net proceeds.
• If you want to keep the house, prepare a buyout offer with proof of ability to pay; courts may allow a co-owner to buy out others.
• Keep detailed records of communications and offers between co-owners; the court may consider good-faith negotiations when allocating costs.
• If you are unsure where to file, call the county clerk or chancery court clerk in the county where the property sits and ask whether partition cases are filed in chancery or circuit court there.
• If someone is living in the house (an heir or tenant), the court may need to balance occupancy issues and boot possible occupants after a sale is ordered — this can add complexity.