What steps are required to schedule a hearing in a partition action in Tennessee? | Tennessee Partition Actions | FastCounsel
TN Tennessee

What steps are required to schedule a hearing in a partition action in Tennessee?

Disclaimer: This article is for general informational purposes only and does not constitute legal advice. Always consult a qualified attorney to address your specific situation.

Detailed Answer

Under Tennessee law, a partition action allows co-owners of real property to divide or sell the land. Once you’ve filed the complaint, served all parties, and the 30-day response period has expired, you must take the following steps to schedule a hearing:

  1. Verify Expiration of the Response Period

    Ensure at least 30 days have passed since service of the summons and complaint. See Tenn. Code Ann. § 29-18-105 (default if no response is filed):
    TCA § 29-18-105.

  2. File a Motion to Set Hearing

    Prepare and file a written motion requesting the court to set a hearing on these issues: appointment of commissioners, valuation of property, or sale. Cite the specific relief you seek under the partition statutes (TCA § 29-18-102 et seq.).

  3. Submit a Proposed Order

    Draft a proposed order that includes:

    • Date, time, and place of the hearing
    • A brief description of the hearing’s purpose
    • Instructions for parties to appear or file objections

    File the proposed order with the clerk alongside your motion.

  4. Serve Notice of Hearing

    Under Tenn. R. Civ. P. 5 and local court rules, you must serve all named parties (and any lienholders) with a copy of the motion, proposed order, and notice of hearing. Service typically requires mailing at least 10 days before the hearing date.

  5. Ensure Compliance with Timing Requirements

    Confirm that your notice period satisfies both the Tennessee Rules of Civil Procedure and any county-specific administrative order. Late notice can result in continuance.

  6. Appear at the Hearing

    On the scheduled date, attend the hearing prepared to present evidence on value, division method, or sale procedures. If no party appears, you may request a default order under TCA § 29-18-105.

Key partition statutes:

Helpful Hints

  • Double-check local rules for hearing dates and filing deadlines.
  • Use certified mail or a process server to confirm service of notices.
  • Attach affidavits of service to your motion to avoid disputes.
  • Confirm courthouse availability before proposing a hearing date.
  • Coordinate with opposing counsel to streamline scheduling.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.