When Co-Owners Can’t Agree: How to Start a Partition Action in Tennessee

Disclaimer: This article is for informational purposes only and is not legal advice. It explains general Tennessee law and common practice. Consult a licensed Tennessee attorney about your specific situation.

Detailed answer — How a partition action works in Tennessee

When two or more people own the same real property (for example, as tenants in common or joint tenants) and they cannot agree about use, sale, or division of the property, any co-owner may ask a court to divide the property or order a sale and divide the proceeds. This court case is called a partition action.

Where to file

File the partition lawsuit in the Tennessee trial court that has jurisdiction over the county where the property sits. Many partition cases are handled in chancery court (equity court), but local practice varies. Check the local court rules or consult an attorney or the courts’ website for the proper division and filing procedures: https://www.tncourts.gov/.

Statutory framework

Tennessee’s laws affecting actions for partition and related remedies are in the Tennessee Code (see Title 29 and related provisions). For the text of Tennessee statutes and to confirm current law, consult the Tennessee Code on the Tennessee General Assembly site: https://www.capitol.tn.gov/.

Who can start a partition action?

Any co-owner of record in the property (for example, a tenant in common or joint tenant) may file.
Sometimes lienholders or judgment creditors with an interest in the property may seek partition or sale to satisfy liens; statutory and procedural rules apply to those parties.

Typical pleading and immediate steps

The party who files (the plaintiff) prepares a complaint that typically includes:

Identification of the property and legal description;
Names and addresses of all co-owners and other parties with recorded interests;
A clear statement that the owners cannot agree about physical division or sale;
A request that the court either order a partition in kind (divide the land) or a partition by sale (sell the property and distribute proceeds), and any other relief (appointment of a commissioner, accounting, allocation for liens, rents, or improvements).

Service and notice

The plaintiff must serve all co-owners and other interested parties (mortgage holders, lienholders, etc.) according to Tennessee civil procedure rules so they have notice and an opportunity to respond.

Court’s options and typical outcomes

Partition in kind: The court orders a physical division of the property if it can be reasonably divided while giving each owner a fair share.
Partition by sale: If the land cannot be fairly divided (for example, a single-family house on a single lot), the court may order a public or private sale and distribute the net proceeds among owners according to their ownership shares after paying liens, costs, and expenses.
Appointment of a commissioner or master: The court frequently appoints a commissioner to survey, divide, sell the property, or handle the sale process and report back to the court.
Accounting and adjustments: The court can account for liens, mortgages, taxes, rents, necessary repairs, and unequal contributions by co-owners when it divides proceeds.

How liens, mortgages, and expenses affect the case

Recorded liens and mortgages attach to the property. A partition sale usually pays off those liens from the sale proceeds before distribution to owners. Co-owners who previously paid more than their fair share for mortgages, taxes, or improvements can ask the court for reimbursement or an adjustment in distribution.

Timelines and costs

Partition actions can take several months to more than a year depending on complexity, contests, title issues, or appeals. Costs include court filing fees, attorney fees, survey and appraisal fees, commissioner or sheriff sale costs, and possible title disputes. The court may allocate costs, but each side often bears its attorney fees unless statute or equity allows fee shifting.

Common defenses and complications

Disputes over ownership shares or title defects (for example, adverse possession claims, prior conveyances).
Pending bankruptcy filings by any co-owner may temporarily stop the partition through an automatic stay.
Claims that a proposed division would be inequitable or impractical.
Tenancy issues, leases, or unrecorded interests that complicate sale or division.

Practical alternatives to filing suit

Negotiate a buyout where one co-owner purchases the others’ interests.
Use mediation or other dispute resolution to avoid the expense of court.
Agree to a private sale and division of proceeds with a written settlement and releases.

Step-by-step checklist to start a partition action in Tennessee

Confirm ownership: pull the deed and public records to confirm names, ownership shares, mortgages, and liens.
Gather documentation: deeds, mortgage statements, tax bills, lease agreements, maintenance receipts, and any written agreements among owners.
Try to resolve: offer mediation, buyout offers, or negotiate a private sale.
If litigation is necessary, prepare and file a complaint for partition in the proper Tennessee trial court. Include all parties with an interest in the property.
Serve every defendant and follow Tennessee Rules of Civil Procedure for service and pleadings: https://www.tncourts.gov/ .
Ask the court for appointment of a commissioner (if needed), a survey, appraisal, or other relief and request partition in kind or by sale as appropriate.
Attend hearings, respond to defenses, and follow court orders. Be prepared to provide proof of ownership shares, expenses, and claims for credits or reimbursements.

Helpful hints

Hire a Tennessee attorney experienced in real estate or chancery practice early. Partition law and court practice involve procedural nuances and title issues that affect outcomes.
Consider a mediator before filing suit — it is often faster and cheaper than litigation.
Document all payments and improvements you made to the property. The court may credit unequal contributions when dividing proceeds.
Check for outstanding liens and mortgages before you file; a partition sale typically must satisfy those liens first.
Obtain a survey and appraisal if you expect a partition in kind or if ownership shares depend on value adjustments.
If a co-owner lives on the property and collects rent or causes damage, discuss requesting a court accounting or interim rent award in the complaint.
Watch for bankruptcy filings by co-owners; a bankruptcy automatic stay can delay partition and sale.
Expect costs: sales, appraisals, commissioner fees, and legal fees can reduce net proceeds. Weigh these costs against the benefits of pursuing a court-ordered sale.

Where to learn more and next steps

Read Tennessee statutes and local court rules for the most current procedural requirements: Tennessee Code and legislative materials are available at https://www.capitol.tn.gov/, and Tennessee court rules and procedural guidance are at https://www.tncourts.gov/.

Because procedures and outcomes depend on facts and local practice, consider consulting a Tennessee-licensed attorney to evaluate your facts and prepare or respond to a partition complaint.