Partition actions are legal proceedings used to divide real property among co-owners when they cannot agree on how to use or dispose of the property. In Tennessee, as in many other states, partition actions are governed by specific laws and procedures. In this blog post, we will explore the key aspects of partition actions in Tennessee, shedding light on the process, reasons for filing, and potential outcomes.
What is a Partition Action?
A partition action is a legal remedy sought by co-owners of real property (land, houses, etc.) when disputes arise regarding its use, management, or sale. The primary goal is to fairly divide the property among co-owners, providing each party with their share of the value.
Types of Partition Actions:
Partition in Kind: The court physically divides the property among co-owners, giving each a specific portion. This is not very likely with a house on the property and applies more to vacant land, farm land, or hunting land.
Partition by Sale: The judge determines the amount of the ownership interest of each party and then rules that the property must be sold and the proceeds are distributed among co-owners based on their ownership interest.
Grounds for Filing a Partition Action:
Disagreement on Use: Co-owners may disagree on how to use the property, leading to disputes that cannot be resolved amicably.
Financial Strain: One co-owner may be unable to contribute to property expenses, causing tension among the owners.
Investment or Development Opportunities: Divergent opinions on whether to sell, develop, or hold the property for investment purposes.
Initiating the Partition Action:
Filing a Complaint: A co-owner files a complaint in the appropriate Tennessee court, outlining the reasons for the partition and the desired relief.
Service of Process: All co-owners must be served with legal notice of the partition action.
Court Proceedings:
Appraisal: The court may order a professional appraisal to determine the property's fair market value.
Division or Sale: The court decides whether to partition the property in kind or through sale based on the circumstances.
Distribution of Proceeds:
In a partition by sale, the proceeds are distributed among co-owners according to their ownership percentage. Co-owners may also have the option to buy out the shares of others.
Conclusion:
Partition actions in Tennessee are legal tools designed to address conflicts among co-owners of real property. Understanding the process and potential outcomes can help parties make informed decisions regarding the future of the property.
Remember, this blog post provides general information and is not a substitute for full legal advice. Individuals considering a partition action in Tennessee should consult with a qualified attorney to understand their specific situation and options. While I do not handle partition actions, my firm does and we are happy to assist.
As an attorney with years of experience working with contract and real estate related matters, I am here to help answer your questions and ensure your closings go smoothly.
I hope that you found this informative. If you feel that this information may help you or a client, please reach out. It is my mission to help others.
Jeremiah L. McGuire
Attorney
Memphis, TN
901-494-1622
jeremiah@harkavyshainberg.com
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