Tennessee: Forcing a Partition Sale of a Co-Owned Home — What to Know

Overview

If you inherited your father’s house and now own it together with a sibling but cannot agree about what to do with the property, Tennessee law gives a co-owner a legal route to force a partition. That means asking a court to divide the property between owners or, if division in kind is not practical, order a sale and divide the proceeds. This article explains the typical steps, what to expect in Tennessee, and practical tips for preparing.

Detailed answer — how to force a partition sale in Tennessee

1. Confirm how title is held

Start by confirming the ownership form on the deed. If you and your sibling hold the property as tenants in common (common for inherited property), either co-owner generally has the right to seek partition. If title includes a right of survivorship or the property is held in a trust, your options depend on those documents. If the property is still in probate, your rights may turn on the probate distribution.

2. Try informal resolution first

Before filing suit, attempt negotiation, mediation, or a buyout. Courts favor resolving disputes without litigation, and a negotiated buyout or agreed sale saves time and costs. Get a current appraisal so offers or buyout calculations are fair.

3. File a partition action in the appropriate Tennessee court

If negotiation fails, a co-owner files a partition suit in the court that has jurisdiction over real-property disputes where the land lies. In Tennessee that is typically the Chancery Court (or sometimes Circuit Court depending on the county and case). The complaint asks the court to either:

• partition the property in kind (physically divide it) if fair division is practical, or
• order a sale and divide the proceeds proportionally among owners if division in kind is impracticable or inequitable.

Tennessee’s statutes set out the procedure governing partition actions; see the Tennessee Code on partition for statutory authority and procedure: Tenn. Code Ann. Title 29, Chapter 27.

4. Court process and appointment of commissioners

After the complaint is filed and proper notice served, the court evaluates whether a partition in kind is feasible. If not, the court commonly appoints a commissioner or master to handle appraisal, marketing, and sale procedures. The commissioner’s role is to implement the court’s directions—appraise the property, solicit bids, oversee sale, and report back. The court then confirms the sale and directs distribution of proceeds.

5. How proceeds and costs are handled

Sale proceeds are applied first to liens, mortgages, taxes, and legitimate costs of sale (commissions, court costs, judgments). The remainder is distributed among co-owners according to their ownership shares. If one co-owner pays expenses or has a prior enforceable claim, the court will account for that.

6. Typical timeline and costs

Timelines vary. An uncontested partition might finish in a few months. Contested cases with complicated title issues, liens, or appeals can last much longer. Expect court fees, costs for an appraiser, possible realtor commissions, and attorney fees—often paid from sale proceeds or allocated by the court.

7. Common complications

• Title issues or unresolved probate matters that prevent sale until cleared.
• Outstanding mortgages or tax liens that must be satisfied from sale proceeds.
• Disputes over equitable claims (improvements paid for by one co-owner, contributions, or payment of expenses) that the court must resolve.
• If the property is not easily divisible (a single house on one lot), the court is likely to order sale rather than division in kind.

8. Practical steps you can take now

1. Gather the deed, will or probate documents, mortgage statements, tax bills, and any agreements about the house.
2. Get a professional appraisal or broker price opinion to understand market value.
3. Talk to your sibling about buyout options or mediation—document offers and responses in writing.
4. Consult an attorney experienced in Tennessee partition and real property law to evaluate filing a partition suit and to ensure court pleading and notice requirements are met.

9. Where to find Tennessee statute and court procedural information

Statutory provisions governing partition proceedings are located in the Tennessee Code. For the statutory text and chapter headings, see: Tenn. Code Ann., Title 29, Chapter 27 (Partition). For practical information about filing civil cases and local court procedures, visit the Tennessee Courts website: Tennessee Courts (tncourts.gov).

When should you hire an attorney?

Hire a Tennessee attorney when:

• Title, probate, or lien problems are present;
• Your co-owner objects or raises counterclaims (e.g., claims for contribution or equitable offsets);
• Large sums are at stake and you want to protect your share; or
• You want help structuring a buyout offer or mediation agreement to avoid litigation.

An attorney will prepare pleadings, help obtain appraisals, manage discovery, represent you at hearings, and ensure any sale is handled correctly under Tennessee law.

Helpful hints

• Confirm ownership type (recorded deed). Tenants in common usually can force partition; survivorship language can change rights.
• Get a current appraisal before negotiations or filing—accurate value speeds settlement.
• Consider mediation first; courts often encourage settlement and it’s cheaper than litigation.
• Check for outstanding liens, mortgages, or property-tax obligations—these reduce net sale proceeds.
• Keep clear records of any money you’ve paid for repairs, taxes, or mortgage payments—these can affect equitable adjustments.
• If you want to keep the house, explore a buyout (one co-owner purchases the other’s share) with a written agreement and certified funds or financing arranged in advance.
• Be realistic about costs: partition suits and forced sales often leave less net for owners than voluntary sales do because of legal and court costs.