A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.
A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.
A Tennessee Complaint for Partition of Real Property is a legal document filed by a co-owner of real property seeking a division or sale of the property when the parties are unable to come to an agreement on how to allocate it. This complaint is typically filed with the goal of partitioning the property in a fair and equitable manner, either through physical division or through a court-ordered sale. In Tennessee, there are two main types of Complaint for Partition of Real Property: 1. Complaint for Partition by Sale: This type of complaint is filed when the co-owners cannot agree on a fair division of the property or if it is not feasible to physically divide it. The plaintiff will request the court to order the sale of the property and distribute the proceeds among the co-owners based on their respective ownership interests. 2. Complaint for Partition by Division: This complaint is filed when the co-owners believe that a physical division of the property is possible and equitable. The plaintiff will request the court to divide the property into separate parcels, ensuring each co-owner receives their fair share of the divided property. Keywords: — Tennessee Complaint for Partition of Real Property Colognene— - Real property - Division - Sale Agreementemen— - Allocation - Equitable - Physical division — Court-ordereSalal— - Complaint for Partition by Sale — Complaint for Partitiodivisionio— - Ownership interests — Proce—ds - Parcels
