Disclaimer: This article is for informational purposes only and does not constitute legal advice.
Detailed Answer: Partition Land in Tennessee
Under Tennessee law, co-owners of real property may file a partition action to divide or sell jointly owned land. Tennessee Code Annotated § 29-27-101 authorizes any co-owner to petition the chancery or circuit court for partition. The court can order an in-kind division or a sale with proceeds divided among co-owners according to their ownership interests.
How to File a Partition Petition in Tennessee
- Confirm Property Ownership: Review the county register of deeds records to identify all current owners and their ownership shares.
- Prepare the Petition: Draft a written petition stating your right as a co-owner. Include a legal description of the property, identify all co-owners, and state whether you seek a physical division or a sale. Reference Tenn. Code Ann. § 29-27-101 (link).
- File with Court: Submit your petition to the clerk of the chancery or circuit court in the county where the land lies. Pay the required filing fee.
- Serve Co-Owners: Deliver copies of the petition to all co-owners by certified mail or as the court directs. Proper service ensures everyone receives notice.
- Initial Hearing & Appointment of Commissioners: Attend the first court hearing. The judge may appoint three commissioners to survey and report the best way to divide the land (see Tenn. Code Ann. § 29-27-107: link).
- Commissioners’ Report: Commissioners inspect the property, value it, and recommend either an in-kind division or sale.
- Final Hearing & Court Order: After commissioners file their report, the court holds a final hearing. The judge issues an order to partition the property in kind or sell it and allocate proceeds under Tenn. Code Ann. § 29-27-108 (link).
Key Tennessee Partition Statutes
- Tenn. Code Ann. § 29-27-101 – Right and procedure for partition.
- Tenn. Code Ann. § 29-27-107 – Appointment and duties of commissioners.
- Tenn. Code Ann. § 29-27-108 – Sale of property and division of proceeds.
Helpful Hints
- Verify all co-owners’ current addresses before serving the petition.
- Include a clear legal description to avoid boundary disputes.
- Consider mediation if co-owners disagree on sale versus division.
- Keep detailed records of all filings and service steps.
- Consult a local attorney to review complex title issues.