Partition Action Complaint - Tennessee

COMPLAINT FOR PARTITION OF REAL PROPERTY — TENNESSEE

TABLE OF CONTENTS

1. Caption
2. Nature of the Action
3. Parties and Cotenancy Shares
4. Jurisdiction and Venue
5. The Property and Legal Description
6. Nature and Source of Title
7. Liens and Encumbrances
8. Count I — Entitlement to Partition (§ 29-27-101)
9. Count II — Partition in Kind (§ 29-27-116)
10. Count III — Sale for Division (§§ 29-27-201 et seq.)
11. Count IV — Heirs Property / UPHPA (§§ 29-27-301 et seq.)
12. Count V — Accounting Among Cotenants
13. Appointment of Commissioners / Referee
14. Prayer for Relief
15. Verification
16. Signature and Service Blocks
17. Certificate of Service
18. Tennessee Practice Notes
19. Sources and References

1. CAPTION

IN THE [CHANCERY / CIRCUIT] COURT FOR [________________] COUNTY, TENNESSEE

[________________] DIVISION

NO. [________________________________]

COMPLAINT FOR PARTITION OF REAL PROPERTY

Plaintiff, complaining of Defendants, respectfully states as follows:

2. NATURE OF THE ACTION

2.1. This is an action for the partition of real property co-owned by the parties, brought under Tenn. Code Ann. § 29-27-101 et seq.

2.2. Plaintiff and Defendant(s) own the real property described herein (the "Property") as ☐ tenants in common; ☐ joint tenants; ☐ other: [____________________]. The parties cannot agree upon the use or disposition of the Property, and Plaintiff is entitled to partition in kind or, if the Property cannot be divided without prejudice to the owners, to a sale for division of the proceeds.

3. PARTIES AND COTENANCY SHARES

3.1. Plaintiff [PLAINTIFF NAME] is a resident of [COUNTY] County, Tennessee, and owns an undivided [____] interest in the Property.

3.2. Defendant [DEFENDANT 1] is a resident of [COUNTY / STATE], owns an undivided [____] interest in the Property, and may be served at [SERVICE ADDRESS].

3.3. Defendant [DEFENDANT 2] is [an individual / entity] owning or claiming an undivided [____] interest in or lien upon the Property.

3.4. Defendants designated "All Unknown Heirs of [DECEDENT NAME] and All Persons Claiming Any Interest" are persons whose names and interests are unknown to Plaintiff after diligent inquiry and who may be served by publication under the Tennessee Rules of Civil Procedure.

3.5. As required by Tenn. Code Ann. § 29-27-101 et seq., the names, residences, and respective interests of all owners are as follows:

4. JURISDICTION AND VENUE

4.1. This Court has subject-matter jurisdiction over partition actions. The Chancery Court has jurisdiction under Tenn. Code Ann. § 16-11-101 et seq.; the Circuit Court has concurrent jurisdiction.

4.2. Venue is proper in [________________] County, Tennessee, because the Property is situated in this county.

5. THE PROPERTY AND LEGAL DESCRIPTION

5.1. The Property is situated in [________________] County, Tennessee, and is commonly known as [STREET ADDRESS, CITY, ZIP].

5.2. The Property is more particularly described as follows:

[INSERT FULL LEGAL DESCRIPTION — lot, block, subdivision, plat of record, or metes and bounds]

5.3. The Property is identified as Map/Parcel No. [____________________] in the records of the [COUNTY] County Assessor of Property and Register of Deeds.

6. NATURE AND SOURCE OF TITLE

6.1. Plaintiff acquired Plaintiff's undivided interest by [Warranty Deed / Quitclaim Deed / inheritance from [DECEDENT] / decree] dated [__/__/____] and recorded [__/__/____] in Book [____], Page [____] (Instrument No. [____________________]), Register's Office of [COUNTY] County, Tennessee.

6.2. Each party holds an estate of inheritance, for life, or for years in the Property and holds or is in possession thereof as a tenant in common or otherwise, such that each is entitled to partition under Tenn. Code Ann. § 29-27-101. The size of a cotenant's interest does not affect the right to partition.

7. LIENS AND ENCUMBRANCES

7.1. The Property is subject to the following liens, mortgages, deeds of trust, or encumbrances of record, the holders of which are joined as necessary parties:

7.2. Plaintiff requests that the Court ascertain the validity, priority, and amount of all liens and provide for their satisfaction out of the encumbered cotenant's share or the proceeds of any sale.

8. COUNT I — ENTITLEMENT TO PARTITION (§ 29-27-101)

8.1. Plaintiff incorporates the foregoing paragraphs as though fully set forth.

8.2. Under Tenn. Code Ann. § 29-27-101, any person having an estate of inheritance, or for life, or for years in lands, and holding or being in possession thereof as a tenant in common or otherwise with others, is entitled to partition thereof, or sale for partition, under Chapter 27.

8.3. Plaintiff is such a cotenant and is entitled to partition as a matter of right. The parties have been unable to agree upon a voluntary division or sale, making this action necessary.

9. COUNT II — PARTITION IN KIND (§ 29-27-116)

9.1. Plaintiff incorporates the foregoing paragraphs as though fully set forth.

9.2. Partition in kind is favored. Under Tenn. Code Ann. § 29-27-116, where the Property can be divided in kind, the Court appoints a surveyor or commissioners to lay off and set apart to each cotenant a portion equal to that cotenant's respective interest.

9.3. Plaintiff alleges that the Property ☐ can be / ☐ cannot be divided in kind without materially injuring the value of one or more cotenants' interests.

9.4. Owelty. If the shares cannot be made equal in kind, the Court may decree owelty — a money payment by the cotenant receiving the larger or more valuable portion to equalize the partition.

10. COUNT III — SALE FOR DIVISION (§§ 29-27-201 et seq.)

10.1. Plaintiff incorporates the foregoing paragraphs as though fully set forth.

10.2. Pursuant to Tenn. Code Ann. § 29-27-201 et seq., where the Property is so situated that partition in kind cannot be made, or where partition in kind would materially injure the rights and interests of the owners, the Court may order the Property sold and the proceeds divided among the parties according to their respective interests.

10.3. Plaintiff alleges that a sale for division is appropriate because: ☐ the Property is a single dwelling or improvement not susceptible to physical division; ☐ partition in kind would materially impair the value of the Property or the parties' shares; ☐ the configuration and number of owners make division impracticable; ☐ other: [____________________].

10.4. Any sale shall be conducted as provided by Tenn. Code Ann. §§ 29-27-201 to 29-27-219, subject to confirmation by the Court, with the net proceeds applied first to valid liens and the costs of the action, and the balance distributed to the parties as adjusted by the accounting in Count V.

11. COUNT IV — HEIRS PROPERTY / UPHPA (§§ 29-27-301 et seq.)

11.1. Plaintiff incorporates the foregoing paragraphs as though fully set forth.

11.2. The Property ☐ is / ☐ may be "heirs property" within the meaning of Tenn. Code Ann. § 29-27-302 because it is held in tenancy in common with no binding partition agreement, one or more cotenants acquired title from a relative ([ANCESTOR NAME]), and ☐ 20% or more of the interests are held by relatives; ☐ 20% or more of the interests are held by a person who acquired title from a relative; or ☐ 20% or more of the cotenants are relatives.

11.3. Pursuant to Tenn. Code Ann. § 29-27-303, this action being filed on or after July 1, 2022, the Court must determine whether the Property is heirs property, and if so, the Property must be partitioned under Part 3, which supplements Parts 1 and 2 and replaces inconsistent provisions.

11.4. If the Court determines the Property is heirs property, Plaintiff requests that the Court proceed under the UPHPA, including: (a) a court-ordered determination of fair market value by appraisal; (b) the cotenant buyout option, under which a cotenant may purchase the interests of cotenants who requested partition by sale; (c) consideration of the statutory factors favoring partition in kind; and (d) if a sale is ordered, an open-market sale, sealed bids, or auction as the statute directs, rather than a forced low-price judicial sale.

12. COUNT V — ACCOUNTING AMONG COTENANTS

12.1. Plaintiff incorporates the foregoing paragraphs as though fully set forth.

12.2. Plaintiff requests a full accounting and adjustment of the equities among the cotenants, so that each cotenant equally shares the burdens and benefits of ownership, including the following credits and charges:

• ☐ Contributions / disbursements. Sums advanced by a cotenant beyond that cotenant's share for mortgage principal and interest, property taxes, insurance, and necessary repairs and preservation, in the approximate amount of $[__________];
• ☐ Improvements. The value of necessary or value-enhancing improvements made by a cotenant, to the extent they increased the value of the Property;
• ☐ Rents and value of use / ouster. Rents and profits actually received by a cotenant, and the reasonable rental value of the Property where a cotenant has been in exclusive possession amounting to an ouster of the other cotenant(s);
• ☐ Waste or damage attributable to a cotenant;
• ☐ Owelty as alleged above.

12.3. Plaintiff requests that the net result of the accounting be charged against or credited to the respective shares of the cotenants in the Property or in the proceeds of any sale.

13. APPOINTMENT OF COMMISSIONERS / REFEREE

13.1. Plaintiff requests that the Court appoint a surveyor or disinterested commissioners pursuant to Tenn. Code Ann. § 29-27-116 to make partition in kind and report to the Court, or, if a sale is ordered, to appoint a Clerk and Master or other disinterested person to conduct the sale subject to confirmation.

13.2. If the Court determines the Property is heirs property, the appointment, valuation, and sale shall proceed under Part 3 (UPHPA, §§ 29-27-301 et seq.).

14. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays that this Court:

A. ☐ Determine the respective rights, shares, and interests of all parties in the Property, and the validity, priority, and amount of all liens;

B. ☐ Order partition of the Property in kind among the parties, with owelty as necessary to equalize the partition;

C. ☐ If partition in kind cannot be made without materially injuring the owners' interests, order a sale for division and distribute the proceeds according to the parties' respective interests;

D. ☐ Determine whether the Property is heirs property and, if so, partition the Property under the Uniform Partition of Heirs Property Act (§§ 29-27-301 et seq.), including a determination of fair market value, the cotenant-buyout option, and any open-market sale;

E. ☐ Appoint a surveyor, commissioners, or the Clerk and Master to effect the partition or sale and report to the Court;

F. ☐ Order a full accounting among the cotenants and adjust the equities for contributions, improvements, rents, ouster, waste, and owelty as pleaded in Count V;

G. ☐ Apportion the costs of this action, including commissioners' fees and reasonable attorneys' fees to the extent allowed by law, among the parties in proportion to their interests or pay them from the proceeds of sale;

H. ☐ Confirm any sale and direct execution of deeds to the purchaser(s); and

I. ☐ Grant such other and further relief as the Court deems just and equitable.

15. VERIFICATION

STATE OF TENNESSEE )
COUNTY OF [________________] )

I, [PLAINTIFF NAME], being first duly sworn, state that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint for Partition and know the contents thereof; and that the same is true to my own knowledge, except as to matters stated on information and belief, and as to those I believe them to be true.

[________________________________]
[PLAINTIFF NAME]

Sworn to and subscribed before me this [____] day of [________________], 20[____].

[________________________________]
Notary Public
My Commission Expires: [__/__/____]

16. SIGNATURE AND SERVICE BLOCKS

Respectfully submitted,

[LAW FIRM NAME]

By: [________________________________]

[ATTORNEY NAME], BPR No. [____________]

Attorney for Plaintiff

[STREET ADDRESS]

[CITY, STATE ZIP]

Telephone: [NUMBER]

Email: [EMAIL]

17. CERTIFICATE OF SERVICE

I hereby certify that on the [____] day of [________________], 20[____], a true and correct copy of the foregoing COMPLAINT FOR PARTITION OF REAL PROPERTY was served upon the following by [the court's electronic-filing system / U.S. Mail, postage prepaid / personal service / publication]:

[SERVICE LIST WITH NAMES AND ADDRESSES]

[________________________________]
[ATTORNEY NAME]

18. TENNESSEE PRACTICE NOTES

• Chapter structure. Tenn. Code Ann. ch. 27 of Title 29 has three parts: Part 1 — Partition Generally (§§ 29-27-101 to 29-27-123); Part 2 — Sale for Division (§§ 29-27-201 to 29-27-219); Part 3 — Uniform Partition of Heirs Property Act (§§ 29-27-301 to 29-27-313).
• Right to partition. Any cotenant may seek partition regardless of the size of the interest (§ 29-27-101). File in the Chancery (or Circuit) Court where the Property lies; name all co-owners and lienholders.
• In kind vs. sale. Partition in kind is preferred (§ 29-27-116). A sale for division (§ 29-27-201) is ordered where division in kind cannot be made or would materially injure the owners' interests.
• UPHPA (in force). Tennessee enacted the UPHPA effective July 1, 2022 (§§ 29-27-301 to 29-27-313). In any partition action the court must determine whether the property is "heirs property" (§ 29-27-302). If it is, the court must apply Part 3, which provides notice, a court-ordered appraisal/determination of value, a cotenant right of first refusal (buyout), a strengthened preference for partition in kind, and, where a sale is required, an open-market sale rather than a forced auction.
• Heirs-property definition. "Heirs property" requires a tenancy in common with no binding partition agreement, at least one cotenant who took title from a relative, and a 20% relative/related-interest threshold (§ 29-27-302). Plead Count IV whenever the facts may meet this definition.
• Accounting. Tennessee equalizes the burdens and benefits of co-ownership; courts adjust for contributions, improvements, rents, and the reasonable rental value upon ouster, and may decree owelty.
• Confirm citations. Verify current section numbers and any amendments on the Tennessee General Assembly / Justia before filing.

19. SOURCES AND REFERENCES

• Tenn. Code Ann. Title 29, Chapter 27 (Partition) — https://law.justia.com/codes/tennessee/title-29/chapter-27/
• Tenn. Code Ann. § 29-27-101 (Who entitled to partition)
• Tenn. Code Ann. § 29-27-116 (Partition in kind)
• Tenn. Code Ann. §§ 29-27-201 to 29-27-219 (Sale for division)
• Tenn. Code Ann. §§ 29-27-301 to 29-27-313 (Uniform Partition of Heirs Property Act, eff. 7/1/2022)
• Tenn. Code Ann. § 29-27-303 (UPHPA applicability) — https://law.justia.com/codes/tennessee/title-29/chapter-27/part-3/section-29-27-303/
• Tennessee Rules of Civil Procedure
• Tennessee Courts — https://www.tncourts.gov/

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