How to Force the Sale of One Inherited Parcel When a Co‑Owner Refuses to List — Tennessee

Disclaimer: This is general information only and not legal advice. It explains how the legal process usually works in Tennessee and what steps people commonly take. For advice about your specific situation, consult a licensed Tennessee attorney.

Detailed answer — How you can force a sale under Tennessee law

If you and a family member inherited a parcel of real property and one co‑owner refuses to cooperate in listing or selling the property, Tennessee law provides a legal remedy called a partition action. A partition action asks a court to divide property among co‑owners (partition in kind) or, if physical division is impractical or unfair, to order a sale of the property and distribute the proceeds between the owners.

Key points about partition in Tennessee:

Who can file: Any co‑owner (often an heir or beneficiary who holds legal title as a tenant in common) can file a partition action against the other co‑owners in the county where the property is located.
Where to file: Partition cases are typically brought in the court that handles equitable remedies for real property in the county (often Chancery Court or Circuit Court). Check the local court rules or the county court clerk for specific filing requirements.
Types of relief the court can order: The court can order a physical division of the land (partition in kind) when the property can be divided fairly, or a partition by sale when division is impractical, inequitable, or would greatly reduce value. Most disputes over single-family lots, small parcels, or improvements end with a partition by sale.
Sale process: If the court orders a sale, it will typically appoint a commissioner, master, or other official to conduct the sale (public auction or court‑supervised private sale). The sale proceeds are held for the court and distributed according to each owner’s legal share after paying debts, liens, taxes, and sale costs.

Typical procedural steps

Attempt negotiation first. Courts expect parties to try to resolve disputes. Offer a buyout based on a current appraisal, propose mediation, or offer terms that make a sale less painful (e.g., paying closing costs or offering seller financing).
Collect documents. Before filing, gather the deed(s), the decedent’s will or probate paperwork (if any), mortgage and lien information, tax bills, and a recent appraisal or broker price opinion.
File the partition complaint. The complaint names all co‑owners and anyone with an interest (mortgage holders, lienholders). It requests a partition in kind or, if not feasible, a partition by sale and an order appointing a commissioner to sell the property.
Serve all interested parties. Everyone with claimed ownership or a recorded interest must be served so the court can decide on the entire interest in the property.
Court hearing and order. The court will decide whether a partition in kind is possible. If not, it will order a sale and set procedures for how the sale will occur and how proceeds will be distributed.
Sale and distribution. A court‑appointed official conducts the sale (auction or approved private sale). After closing, the court approves the sale and directs distribution of net proceeds according to ownership shares and payment of liens and costs.

Practical considerations and risks

Title type matters. How title is held (e.g., tenants in common, joint tenants, tenancy by entirety for married owners, life estate) affects who can force a sale. Marriage and survivorship interests can complicate partition rights. Check the deed and consult counsel.
Liens and mortgages follow the property. Mortgages and tax liens generally must be paid from sale proceeds. If a lienholder has priority, that debt must be satisfied first.
Costs and timing. Partition litigation takes time (often several months to a year) and incurs court fees, appraisal fees, commissioner’s fees, and attorney fees. Net sale proceeds will be reduced by these costs.
Sale price uncertainty. Court‑ordered sales (especially auctions) sometimes result in lower sale prices than voluntary sales. Consider trying to negotiate a consensual sale first.
Possibility of buyout. If you want to keep the property, you can offer to buy out the other owner’s share at a fair market price rather than force a sale.

Where to find Tennessee law and court resources

Tennessee recognizes partition as a remedy for co‑owners. For statutory language and to learn more about civil procedure, you can search the Tennessee Code and court pages at the official state sites:

Tennessee Code and statutes (searchable): https://www.capitol.tn.gov/
Tennessee Court system — general information and local court links: https://www.tncourts.gov/

Because local practice and forms vary, contact the county courthouse where the property sits or the clerk of court for filing requirements and any local forms.

Helpful Hints

Get an appraisal early. A professional appraisal or broker price opinion helps you value shares and supports settlement or court arguments.
Gather title and probate documents. Have copies of deeds, the decedent’s will, and the probate case number if the property came through an estate. These documents are essential to prove ownership and interests.
Try mediation first. Courts often prefer parties to explore negotiated solutions. Mediation can save time and money and often yields a better sale price than an auction.
Make a clear written buyout offer. If you want to keep the property, offer a concrete buyout price, proof of funds or financing, and a deadline. A serious offer can persuade a holdout to agree.
Check for liens and taxes. A title search will reveal mortgages, tax liens, or judgments that must be addressed in any sale.
Understand the costs. Ask an attorney for a realistic estimate of court costs and attorney fees so you can decide whether litigation is worth the likely net proceeds.
Consider hiring counsel experienced in Tennessee real estate and chancery practice. Partition involves specific pleading, service, and procedural rules; local experience matters.
If you file a partition action, be prepared for possible outcomes: the court could order a sale, divide land physically, or (rarely) dismiss if a co‑owner has a unique interest that prevents partition.

If you want step‑by‑step help tailored to your parcel and family situation, consider scheduling a consultation with a Tennessee real estate attorney. They can review title, assess likely costs and outcomes, and help file the correct pleadings in the proper court.