If you’re a joint owner of real estate in Tennessee and disagree over what to do with the property, you might be considering a partition action. Understanding how to win a partition action is essential to achieve the best possible outcome, especially when emotions and financial stakes are high. This legal process can help resolve disputes by dividing the property or forcing its sale. Here is what happens in a partition action, what you can expect if you find yourself in this situation, and where you can find support.
What Is a Partition Action?
A partition action is a legal proceeding where co-owners of property seek to divide their ownership interests. This typically occurs when one or more owners want to sell the property while the others do not. In Tennessee, the law allows joint property owners to file a partition action to either physically divide the property (known as “partition in kind”) or sell it and divide the proceeds (“partition by sale”). Knowing how to win a partition action involves understanding these options and how they might apply to your specific situation.
When Might You Need a Partition Action?
Partition actions are often necessary when co-owners can’t agree on the future of the property. This can happen for a variety of reasons, such as:
Inheritance Disputes
Multiple heirs inherit a piece of property, and they disagree on whether to keep or sell it.
Investment Property
Business partners who jointly own real estate may have differing opinions on whether to hold onto the property or cash out.
Divorce or Separation
Former spouses who co-own property might not see eye-to-eye on whether to sell or retain it.
How Does the Court Decide?
In Tennessee, the court’s primary goal in a partition action is to ensure a fair and equitable outcome. The court will first determine whether the property can be divided physically (partition in kind) without diminishing its value. This is often the preferred method, as it allows each owner to retain a portion of the property.
However, if dividing the property isn’t practical — such as in the case of a single-family home or a small parcel of land — the court may order a partition by sale. In this case, the property is sold, and the proceeds are divided among the co-owners according to their ownership shares.
What Happens if the Parties Can’t Agree?
If co-owners can’t agree on how to divide the property or whether to sell it, the court will step in to make the decision. The court might consider factors like the size of the property, each owner’s investment, and any existing agreements between the parties. If necessary, the court may appoint a third party to oversee the sale of the property.
In some cases, the property may be sold at a public auction, which could mean that co-owners receive less than market value. This is why it’s often in the best interest of all parties to come to an agreement before the situation escalates to this point.
How Much Does a Partition Action Cost?
Filing a partition action in Tennessee comes with certain costs. The filing fee alone can range from $200 to $400, depending on the county. Additionally, there may be costs associated with appraisals, court fees, and attorney fees. Often, these costs are taken from the sale proceeds or deducted from each owner’s share of the property.
It’s also important to consider the potential risks. A partition action can strain relationships between co-owners, especially if the process becomes contentious. Legal fees can add up quickly, and there’s always the possibility that the outcome won’t be exactly what you hoped for.
How Can Hudson, Reed, & Christiansen Help Navigate How To Win a Partition Action?
Navigating a partition action can be complex, consuming, and emotionally charged. At Hudson, Reed, & Christiansen, we understand the intricacies of Tennessee law and can help you achieve a fair resolution. Whether you’re looking to divide property among family members, business partners, or co-owners, our experienced attorneys are here to guide you through every step of the process. Knowing how to win a partition action starts with having the right legal team by your side.