What Happens If Heirs Refuse Mediation or Won’t Sign — Can You Force a Sale?

Short answer: Under Tennessee law, yes — a co-owner (including an heir) can ask a court to force a sale through a partition action when co-owners cannot agree. Refusing mediation or refusing to sign a deed does not permanently block a partition lawsuit. The court will weigh whether the property can be physically divided (partition in kind) or whether a sale is necessary, and then supervise the sale and distribution of proceeds.

Detailed answer — how this works in Tennessee

1. The basic legal right to partition

Any owner of real property in Tennessee who holds an undivided interest (for example, multiple heirs with fractional ownership after an estate) has the right to seek a partition in court. The typical place to file is the Chancery Court or another court with equity jurisdiction in the county where the property sits.

For the statutory framework on partition actions, see Tennessee law on partition actions (for example, Tenn. Code Ann. chapter on partition). A representative statute addressing the right and procedure to partition is Tenn. Code Ann. § 29-28-101; you can review that statute here: https://www.capitol.tn.gov/legislation/laws/29/28/29-28-101.html.

2. Mediation refusal does not stop a partition lawsuit

Mediation and negotiation are useful and often required by local court rules or orders, but a single co-owner’s refusal to mediate or sign a deed does not eliminate another co-owner’s right to go to court. If mediation fails or one party refuses to participate, the party seeking resolution can file a complaint for partition asking the court to either:

Order a partition in kind (physically divide the property) if that is fair and practicable; or
Order the property sold and the net proceeds divided among owners according to their ownership shares.

3. How the court decides between partition in kind and sale

The court will consider practical factors: whether the land or improvement can be divided without substantial loss of value, whether dividing would create impractical parcels, zoning or access limits, and whether division would unfairly burden one party. If dividing the property would be infeasible or inequitable, the court will typically order a sale.

4. What the court’s partition-by-sale process looks like

Filing: A co-owner files a complaint for partition and serves the other owners and any lienholders.
Court review and possible temporary orders: The court may issue temporary orders (e.g., who pays taxes, who may occupy the property, insurance, or whether rents are collected).
Valuation and appointment: The court may appoint commissioners, a master, or order an appraisal to determine fair market value and mechanics of sale.
Sale: The court will approve sale procedures (private sale subject to court approval or public auction). If a co-owner wants to buy out others, courts often allow a buyout at fair market value.
Distribution: After paying liens, mortgages, sale costs, and court-ordered expenses, the court distributes net proceeds to owners according to their interests.

5. What if the property is still in probate or a personal representative wants to sell?

If the property is part of an estate, the personal representative or executor may have authority under the probate code or the will to sell estate property. If heirs disagree, heirs can object in probate court. If probate administration is incomplete, some parties still bring a partition action; courts typically consider the probate status when resolving disputes. Because probate and partition interact, consult a lawyer early to determine whether to proceed in probate or chancery court.

6. Limits and special situations

Tenancy by the entireties or joint tenancy with rights of survivorship: If title is held in a way that gives a surviving owner full title, a partition by an alleged co-owner may not be available.
Homestead or life-estate protections: Surviving spouses or others with statutory rights may have protections that affect sale or proceeds.
Minor or incapacitated heirs: The court must protect minors or incapacitated persons and may require guardian ad litem or additional procedure before approving a sale or distribution.
Liens and mortgages: Outstanding mortgages and liens are paid from sale proceeds. A mortgage holder may foreclose separately if payments stop.

7. Costs, timing, and practical outcomes

Partition litigation takes time and costs money. Expect court fees, lawyer fees, appraisal fees, and costs for maintaining the property. Courts may award attorney fees in limited circumstances, but typically each side pays its own attorney unless statute or contract provides otherwise.

Even when a sale is ordered, courts try to preserve fairness. The net result is usually a sale with proceeds divided by ownership shares after debts and court-ordered costs are paid.

Helpful Hints

Gather paperwork: deed(s), title information, mortgage statements, tax records, wills, and probate documents. Courts and attorneys will need these.
Get a valuation: Obtain one or more appraisals to support fair market value and to evaluate buyout offers.
Make a clear written offer: If you want to buy out other heirs, put a formal offer in writing. Courts often favor parties who seek consensual resolution first.
Document refusals: Keep records of attempts to mediate or negotiate. Documentation helps the court see you tried to resolve the dispute without litigation.
Check title form: Confirm whether title is titled as tenants in common, joint tenants, or married tenancy by entirety — that affects your options.
Discuss temporary orders: If occupancy, rents, taxes, or insurance are at issue, ask the court for temporary relief to protect the asset during litigation.
Consult a local attorney early: Local practice and county procedures vary. An attorney with experience in Tennessee partition and probate practice can guide strategy and filing choices.
Prepare for costs and timing: Partition can take months or longer, and costs can reduce net proceeds. Weigh litigation costs against likely sale proceeds and the emotional toll.

Quick links: Review the Tennessee statutory provision on partition here: Tenn. Code Ann. § 29-28-101 (partition).

Disclaimer: This article explains general Tennessee law and common court practice but is not legal advice. It does not create an attorney-client relationship. Laws change and outcome depends on facts. For advice tailored to your situation, consult a licensed Tennessee attorney.