Detailed Answer

Short answer: You can sell a co-owned property in Tennessee either by agreement with the co-owners or, if they don’t agree, by filing a partition action in court. If the sale is to pay funeral costs and property taxes, you must identify whether the property is part of a decedent’s estate or owned jointly by living co-owners, clear any liens (including tax liens and mortgages), and follow the court-approved sale process when necessary. This article explains the common paths, who pays what first, and practical steps to move forward.

Key legal concepts you need to know

Ownership type matters: “Joint tenancy with right of survivorship” usually passes automatically to the surviving owner(s). “Tenants in common” means each owner has an individual share that can be sold or inherited.
Partition: If co-owners cannot agree to sell, any co-owner can ask a court to partition the property (divide it physically if possible or order a sale and divide proceeds). Tennessee law on partition is found in Title 29 of the Tennessee Code. See Tennessee Code Title 29 (Partition) for details: https://www.capitol.tn.gov/legislation/statutes/29/.
Probate and estate claims: If the property is part of a deceased person’s estate, the estate’s personal representative (executor/administrator) handles claims such as funeral expenses and taxes during probate. Tennessee’s statutes on estates and probate are in Title 30. See Tennessee Code Title 30 (Probate & Administration): https://www.capitol.tn.gov/legislation/statutes/30/.
Priority of claims and liens: Unpaid property taxes create liens that must usually be paid from sale proceeds. Funeral expenses may be allowed as estate claims against the decedent’s estate—these are handled in probate. Creditors, mortgages, and tax liens typically need resolution before clear title can transfer to a buyer.

Typical paths to sell a co-owned property in Tennessee

1. Voluntary sale by agreement

If every co-owner agrees, selling is straightforward. Steps:

Confirm ownership type and obtain a current title report or deed copy from the county register of deeds.
Agree in writing on sale terms, allocation of proceeds, and payment of outstanding liens, mortgage, and taxes.
Hire a real estate broker, list the property, accept an offer, and close with a title company or closing attorney who will pay off liens and distribute net proceeds to co-owners according to the agreement or ownership shares.

2. Sale by the personal representative during probate (if the property is part of an estate)

If a decedent owned the property and it’s part of the probate estate, the personal representative may sell property to pay valid estate claims (including funeral expenses and taxes). The representative must follow Tennessee probate rules, which may require court permission for sale depending on the type of sale and whether the will (if any) authorizes it. See Tennessee Code Title 30 for probate procedures: https://www.capitol.tn.gov/legislation/statutes/30/.

3. Forced sale by partition action (when co-owners disagree)

When co-owners cannot agree, any co-owner may file a partition suit to force sale or physical division. Common features of a partition action in Tennessee:

The court may order a partition in kind (rare, when the land can be physically divided) or a sale and division of proceeds.
The court may appoint a commissioner to handle appraisal and sale.
Sale proceeds pay valid liens (taxes, mortgages). After liens and court-ordered costs and attorney fees, the remainder is split among owners according to ownership interests.

See Tennessee statutes on partition (Title 29) for the statutory process: https://www.capitol.tn.gov/legislation/statutes/29/.

How funeral expenses and property taxes are handled

Funeral expenses. If the decedent’s estate exists, funeral expenses are generally presented as a claim against the estate and can be paid from estate assets, including proceeds from selling estate property. The priority and approval process follow Tennessee probate rules (Title 30).

Property taxes. Unpaid property taxes are a lien on the property. A buyer or the title company will typically require satisfaction of taxes at closing. In a partition sale, the court will order liens (including tax liens) paid from sale proceeds before distributing net proceeds to owners.

Practical checklist and step-by-step

Use this checklist whether you want a voluntary sale or need a court sale:

Obtain the deed/title and determine ownership form (tenants in common, joint tenants, etc.).
Get a title report to find mortgages, tax liens, judgment liens, or other encumbrances.
If the owner died, determine whether the property passed outside probate (e.g., joint tenancy or beneficiary deed) or is part of the probate estate.
Collect bills and documentation: funeral invoices, property tax statements, mortgage statements, HOA dues, insurance.
If co-owners agree, sign a written sale agreement that allocates proceeds, hires a realtor, and sets closing procedures. Use a title company to close.
If co-owners disagree and voluntary sale is impossible, consult a real estate attorney about filing a partition action under Tennessee law.
If the property is in probate, work with the personal representative and probate attorney to seek court approval to sell to pay estate claims, including funeral costs and taxes.

Timing, costs, and likely outcomes

A voluntary sale may close in 30–90 days. A partition action or probate sale can take several months to over a year depending on complexity and court schedules. Costs include attorney fees, court costs, appraisal and sale costs, and liens that must be paid from proceeds.

When to get legal help

Consider hiring a Tennessee attorney if:

Co-owners disagree about selling or splitting proceeds.
The property is part of a probate estate and you need guidance on paying funeral expenses or creditor claims.
There are mortgages, unpaid taxes, or multiple liens.
You need to file a partition action or obtain court approval for a sale.

Hypothetical example

Two siblings own a house as tenants in common. One sibling pays for a funeral for a parent who owned no property in their own name. The siblings cannot agree whether to sell the house to reimburse funeral costs and pay overdue property taxes. If the paying sibling cannot get voluntary agreement, they may file a partition action in Tennessee court to force a sale. The partition sale proceeds will first satisfy any mortgage and tax liens; then the court will subtract sale costs and attorney fees and divide the remainder according to each owner’s share. If the funeral costs were an allowed claim against the decedent’s estate, the estate—rather than a co-owner—would generally be responsible for that claim, but facts and ownership forms change the outcome.

Helpful Hints

Start by confirming the deed. Ownership language (joint tenancy vs tenants in common) often decides whether probate or the surviving co-owner controls the property.
Obtain a title report early. It reveals mortgages, liens, and judgment claims that affect sale proceeds.
Gather invoices and receipts for funeral costs. If the estate exists, present them to the personal representative to make a claim against the estate.
Talk to the co-owners first. A written settlement that specifies sale terms and distribution avoids court delays and reduces costs.
Consider mediation if co-owners disagree. It can be much faster and cheaper than a court partition.
If you file a partition action, ask the court about appointing a commissioner to sell the property and about how attorney fees and costs will be handled and subtracted from proceeds.
Expect property taxes and mortgages to be paid at closing. Plan for these deductions when estimating what you will receive.
Keep careful records and copies of everything. The closing company or court will need documentation to clear title and distribute funds.

Disclaimer: This article is for general information only and does not constitute legal advice. Laws change and each situation is different. Consult a licensed Tennessee attorney for advice tailored to your specific facts.