Everything You Need to Know About Partition Cases in Tennessee
If you’re a property owner in Tennessee, it’s important to understand partition cases and joint property owner cases in the state. Partition cases in Tennessee refer to legal proceedings which allow joint owners of real estate to divide their interests in the property. In other words, if two or more people own a piece of property together, they can seek a court order to divide that property into separate ownership shares. The purpose of this blog post is to provide an overview of partition cases and joint property owner cases in Tennessee, so that you can better understand your rights as a property owner.
What is a partition case?
A partition case is a legal action in Tennessee where joint owners of a piece of property, also known as joint property, are seeking to divide the asset between themselves. A partition case is typically filed when one owner wants to sell the property and the other does not agree. The court will divide the asset in a way that it determines is fair and equitable for both parties involved. In some cases, a third party may be appointed to manage the sale of the property if the parties cannot come to an agreement. Partition cases are quite common in Tennessee and can involve residential or commercial real estate, mineral rights, and other types of jointly owned property.
What if the parties can’t agree on who gets the property?
When it comes to joint property ownership in Tennessee, it can be difficult for parties to come to an agreement about who gets the property if they cannot agree. In this case, the court will step in and make a decision on who gets the property. The court may decide that the property should be divided equally among the owners, or they may consider other factors such as how much money each party has invested in the property, the size of the property, and whether either party needs more of the property for their own use. In some cases, the court may even decide to order a public auction so that the highest bidder will receive the property. If the parties still cannot agree, then the court may award the entire property to one of the owners.
How much does it cost to file a partition case?
Filing a partition case can be costly, especially if the joint property owners cannot come to an agreement. The filing fee for partition cases in Tennessee is typically between $200 and $400, depending on the county where the case is filed. Additionally, court costs and attorney fees can add to the cost of a partition case. There may also be additional costs associated with the appraisal and sale of the joint property in the event that it is necessary to divide the property. If the parties are able to come to an agreement on how to divide the joint property, they may be able to avoid some of these costs. Generally, the attorney who files the partition action will take their fees from the sale of the property or the division of the asset.
What are the risks of filing a partition case?
When filing a partition case, there are some potential risks that should be considered. If a joint property owner is filing a partition case to divide the property, they should be aware that they may not receive the portion of the property they requested. Furthermore, the court may order that the property be sold and the proceeds divided among the parties, which could mean the joint property owner may receive less than the market value for their share of the property.
Additionally, a joint property owner who files a partition case could face potential legal fees associated with the case. Depending on the complexity of the case, an attorney may be necessary to represent either or both parties in court. These legal fees can add up quickly and be difficult to cover if the joint property owners do not have the financial resources available.
Finally, filing a partition case could lead to animosity between the parties involved, making it difficult to reach an agreement or settle any disputes. It is important to remember that the goal of filing a partition case is to divide the property equitably, not to create further tension between the joint property owners.
