What to do when an heir living in inherited property in Tennessee won’t move out or agree to sell their share

Short answer: In Tennessee you generally can force a resolution through the courts — most commonly by filing a partition action that asks a court to divide the property (if physically possible) or order a sale and divide the proceeds. You can also seek a buyout, ask for rent or an accounting from the occupant, or, in limited circumstances, pursue ejectment. Each option has costs, timing, and evidentiary requirements.

Detailed answer — step by step (Tennessee law)

Assume a simple hypothetical: three siblings inherit a family home from their parent. One sibling (the occupant) refuses to vacate and will not agree to sell. The other two want the property sold and proceeds divided.

Under Tennessee law, several legal principles and remedies are relevant:

Co-owner rights and possession: When property passes to multiple heirs, each heir (co-tenant) owns an undivided interest in the whole property. A co-tenant generally has the right to occupy the property. But occupancy by one co-tenant does not extinguish the rights of the other co‑tenants to seek partition or contribution for use.
Partition action (most common remedy): A co-owner can file a partition action in the appropriate Tennessee court (usually chancery or circuit court, depending on local practice and whether equitable relief is sought). The court will determine whether the property can be physically divided (partition in kind). If dividing the land fairly is not practical, the court can order a sale and divide the proceeds among the owners according to their interests. A partition action forces a resolution even when one owner refuses to cooperate.
Buyout option: The non‑occupying owners may negotiate to buy out the occupant’s share. If the occupant refuses, some courts will facilitate valuation as part of a partition, and the court can direct how proceeds are distributed if the property is sold.
Accounting, rent, and credit for use: In some cases the court may order the occupant to pay rent (or account for the fair rental value) to co-owners who were excluded from possession. The non‑occupying owners may ask the court for an accounting and for reimbursement of expenses they paid for the property (taxes, mortgage payments) or for a credit against the occupant’s share.
Ejectment and possession disputes: If title clearly vests in you alone (for example, after probate distributions and title transfer), you may be able to bring an ejectment action. If the occupant is a co-owner (joint heir), ejectment is less likely to be the correct remedy because co-owners have a right to possession until a partition or other legal remedy disposes of the ownership interests.
Probate implications: If ownership is still being resolved in probate (estate administration), a co‑owner’s rights may depend on whether the estate has been fully distributed and the title recorded. You may need to resolve probate matters first (e.g., receive your deed or order of distribution) before pursuing some remedies affecting title.
Costs, delays, and practical considerations: Partition litigation, appraisal, and sale take time and cost money. Courts may require appraisals, advertisements, and sale procedures that affect timelines and net proceeds. Consider whether negotiation or mediation can resolve issues faster and cheaper.

Where to file and key Tennessee resources

Partition actions, accounting claims, and many property disputes are handled in Tennessee trial courts (chancery or circuit). For general access to Tennessee statutes and current law, see the Tennessee General Assembly website: Tennessee Code — Title 29 (Civil Practice & Remedies). For court-related information, local procedures, and forms, see the Tennessee courts site: Tennessee Courts (TNCourts.gov).

Practical checklist — what to do next

Gather documents: deed(s), the decedent’s will or probate papers, death certificate, mortgage and tax statements, insurance, and any written communications about occupancy or offers to buy.
Attempt a written offer or mediation: Offer a buyout or mediation in writing. Courts often look favorably on parties who attempt to settle before litigation.
Get a property valuation: A market appraisal or broker opinion helps establish a fair buyout price or expected sale proceeds.
Consider interim relief: If the occupant is causing waste (damaging the property) or failing to pay agreed expenses, ask an attorney about temporary injunctions or an accounting for rent and costs while you pursue a partition.
Consult a Tennessee real property or probate attorney: An attorney can evaluate whether to file a partition action, negotiate a buyout, or handle any title issues that arise during probate.

Common questions heirs ask

Can I force a sale? Yes — through a court-ordered partition by sale if the court finds dividing the property in kind impractical.
Will the occupant be compensated? If the court orders a sale, proceeds are split according to ownership shares after costs, liens, and allowable credits (for mortgage payments, taxes, etc.). The occupying co-owner may be charged rent or given credit for payments they made.
Can the occupant claim ownership by living there? Potentially, but only if they meet the elements of adverse possession under Tennessee law (which requires a continuous, hostile, notorious, and exclusive claim for the statutory period). Adverse possession claims are complex and fact‑specific.

Helpful hints

Try negotiation first — mediation is usually faster and less expensive than litigation.
Document every interaction in writing (offers, refusals, payments, repairs, and expenses). Courts value clear records.
Obtain at least one professional appraisal before agreeing to any buyout or sale price.
Check whether any liens, mortgages, or taxes must be paid before sale — these reduce net proceeds.
If you are still in probate, confirm the estate’s distribution is complete and title has been or can be conveyed before filing certain actions affecting title.
Be realistic about costs: litigation, appraisals, and a court-ordered sale will reduce your net recovery; compare that to the cost of a buyout or settlement.

Where to get help: Contact a Tennessee attorney who handles real property, probate, or chancery matters. If you cannot afford a private attorney, check local legal aid programs or your county’s probate clerk for referrals or resources.

Disclaimer: This article explains general principles under Tennessee law and is for educational purposes only. It does not constitute legal advice and does not create an attorney-client relationship. For advice about your specific situation, contact a licensed Tennessee attorney.