What is a Partition Lawsuit and Why are Partition Lawsuits Filed?

Disputes over shared property can create complex and emotional challenges, especially among family members, business partners, or co-owners. When co-owners of real estate cannot agree on how to manage, divide, or sell the property, a partition lawsuit may become necessary. 

Essentially, a partition lawsuit is a legal action that allows one or more co-owners to force the division or sale of jointly owned property when an amicable resolution isn’t possible. Partition suits commonly arise in situations involving inherited family homes, jointly owned investment properties, or land acquired by multiple parties. The court’s goal in a partition case is fairness to ensure each owner receives their rightful share. 

The Different Types of Partition Actions

There are two main types of partition actions recognized by most courts: 

Partition in Kind

This involves physically dividing the property into portions equal to each owner’s interests. It’s typically used for large tracts of land or when the property can be fairly divided without losing value. 

Partition by Sale

If the property can’t be fairly divided, the court may order it to be sold. The proceeds are then divided among the owners based on their respective ownership interests. 

In many cases, partition by sale becomes the only realistic option; especially for properties like homes, condos, or small lots. 

Common Reasons Partition Lawsuits Are Filed

Co-ownership can become complicated quickly. Some of the most common reasons for filing a partition lawsuit include:

• Disagreements on property management. One owner may want to sell or renovate, while another may prefer to keep the property as-is. 
• Unequal financial contributions. One party may have paid more toward maintenance, taxes, or improvements, leading to disputes about ownership shares. 
• Inheritance conflicts. Family members who inherit property together may disagree on whether to sell or retain it. 
• Non-cooperation: When one co-owner refuses to communicate or make necessary decisions, the other may have no choice but to involve the courts. 

A Nashville real estate attorney experienced in property and probate law can help co-owners navigate these disputes while protecting their financial and legal interests. 

How a Partition Lawsuit Works

Filing a partition lawsuit starts with one co-owner petitioning the court. The process generally involves: 

• Filing the complaint. The owner who wants to divide or sell the property files a complaint in the appropriate court, naming all other co-owners as defendants. 
• Property appraisal: The property may be appraised to determine fair market value. 
• Court decision. The court decides whether a partition in kind is feasible or if a sale is necessary. 
• Division or sale. The property is either physically divided or sold, and proceeds are distributed accordingly. 

This process can be lengthy and emotionally charged, particularly when family members are involved. An experienced Nashville real estate attorney can provide valuable guidance throughout each stage. 

Partner with Rochford Law & Real Estate Title

When property disputes arise, having trusted legal guidance makes all the difference. At Rochford Law & Real Estate Title, our attorneys provide the clear counsel and compassionate representation clients need when navigating partition lawsuits. 

If you’re facing a co-ownership dispute or need advice on how to move forward, reach out to us at Rochford Law & Real Estate Title today for informed, reliable guidance.