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Last Modified on Oct 12, 2025
After losing a loved one, tensions can be high. Emotions can run high when you and another beneficiary share ownership of a property, yet disagree on how it should be handled. If you wish to sell something you inherited in conjunction with another, Emmack Probate and Estate Law Group is here to explain how to get a court order to force the sale of property in Tennessee.
About Us
Emmack Probate and Estate Law Group focuses on providing one-on-one representation for our clients, personalizing our tactics to match the specific needs of your circumstances. Our firm has spent years representing the people of Nashville, Franklin, and throughout Middle Tennessee in their estate planning matters. With us, you are treated as a person, rather than just another case.
Our founding attorney, Shanone Emmack, is passionate about resolving estate legal matters for her clients and makes each one a priority. She has been selected multiple times as a Super Lawyer by Thomson Reuters as an outstanding attorney with exceptional peer recognition and professional achievement.
Why You May Require a Court-Ordered Sale in Tennessee
Disputes among family members in estate planning and estate management are common. Out of private bank advisors questioned in 2024, 77% reported that the most challenging aspect of estate planning was navigating interfamily dynamics. When inheritance involves high-value assets such as homes, tensions are more likely to rise.
There are many situations where one owner may require the court to force the sale of property they recently inherited. Common reasons include:
- Co-owners cannot agree. Multiple people may inherit real estate, and have differing opinions on how it should be handled. One person may want to use and maintain it, while another wants to sell it.
- Property dispute. Some estate cases have unclear inheritance for property. You may need to force a sale to end a lengthy dispute.
- Financial burden. Taxes and debts that come with a home can cause more trouble than they are worth. A court order may be required if the property is wrapped up in probate.
When there are multiple owners of real estate, the legal procedure for forcing the sale of a property is a partition by sale.
What Is Partition by Sale?
Forcing the sale of property in Tennessee between co-owners is referred to as partition by sale. This process is used when partition in kind, or splitting the land equally, is not possible. Between 2023 and 2024, 1,986 cases filed across Tennessee were real estate matters, including partition by sale.
Steps to Partition by Sale
To initiate the force of sale, you must submit a petition for partition to either probate or chancery court in the county where the property is located. This document includes your personal information, information of other owners, the percentage of ownership each party has, the reason for partition, and a request for court action. Before filing your petition, you must give at least five days’ notice to all co-owners.
After submitting a petition for partition, the court will set a hearing. In this hearing, they will establish whether a partition in kind is feasible. If not, they will appoint an appraiser to determine the real estate’s value. The property is either sold through public auction or a court-approved private sale. Proceeds are first used to pay legal expenses, then are divided based on ownership percentage. Co-owners may appeal the process before or after the sale.
Hire an Estate Planning Lawyer
The sensitive nature of forcing a sale of property can be difficult to handle on your own. Hire an experienced estate planning lawyer to help you with each step of your case. They can assist in drafting your petition for partition, properly notifying co-owners, and represent you during court hearings. If co-owners appeal the process, your attorney can fight to see that your financial interests are respected.
FAQs
What Is It Called When You Are Forced to Sell Your Property in Tennessee?
In Tennessee, when you are ordered to sell a property you co-own, it is referred to as partition by sale. This occurs when co-owners are unable to divide the shared property equally, or when the courts deem a sale to be the only suitable option available. Other processes that may be referred to as a force sale include foreclosure and forfeiture.
What Type of Attorney Can Help Force the Sale of Property in Tennessee?
In Tennessee, the type of attorney that can help you force the sale of property you co-inherited is an estate planning attorney. An estate planning lawyer can assist in negotiating a deal with the co-owners, advocating for your interests both in and out of court. They are experienced and knowledgeable in the complications that can arise after a loved one’s death.
How Much Does an Estate Planning Lawyer Cost in Tennessee?
How much your Tennessee estate planning lawyer costs depends on the complexity of your case, the time it takes, and whether litigation is required. A simple filing of a petition for partition with other owners mostly in agreement will be less expensive than a case that is closely disputed by multiple parties that requires litigation.
What Is the Difference Between Partition in Kind and Partition by Sale in Tennessee?
The main difference between partition in kind and partition by sale in Tennessee is how the property is managed in the court’s decision. Partition in kind splits property equally between interested parties, whereas partition by sale involves selling the real estate and splitting the proceeds. Partition by sale is more common in modern times, as most property cannot be easily divided while maintaining its value.
Speak With an Estate Planning Attorney Today
Emmack Probate and Estate Law Group understands how frustrating it can be to negotiate the sale of property with another heir in the aftermath of a death. Our team has the legal skills and experience that can make a positive impact on your case.
Contact us today for an initial consultation, where we can discuss the optimal strategy for selling your property.
