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Tennessee Complaint For Partition of Real Property

Nashville Tennessee Complaint For Partition of Real Property

Name: Nashville Tennessee Complaint For Partition of Real Property
Brand: US Legal Forms
Rating: 4.75 (247 reviews)

Category:

Tennessee Court Samples - Partitions - Sample Case 1

State:

Tennessee

City:

Nashville

Control #:

TN-CN-13

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A01 Complaint For Partition of Real Property

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There are three methods of Partition provided by state law: (1) Partition by Physical Division, (2) Partition by Sale, and (3) Partition by Appraisal. Also known as ?Partition in Kind,? a Partition by Physical Division requires the Court to divide the land by its proportional value.

The action shall be brought by the person who has a right to compel the partition of real estate (Sec 1, Rule 69) The plaintiff is a person who is supposed to be a co-owner of the property or estate sought to be partitioned.

Any or all the co-owners of the property can file a suit for partition in issue. In a situation where more than one heir exist, and if all of them are not willing to file a partition suit, it is not required for all the heirs to collectively participate in a suit for partition.

After seeking and hiring a partition attorney, the counsel then files a complaint via a petition for partition action in the county where the property is located. Once the complaint is filed, a notice of pendency of action (lis pendens) is recorded with the County Recorders Office.

The Partition of Property Act The Act states that a person who has at least a 50% interest in land is generally entitled to an order for its sale (subject to any co-ownership agreement that effectively limits that right).

How long does it take to process a partition action? It generally takes about a year and half to two years to get to trial on a partition action.

A Partition action is a legal action filed in Court that names all parties who have or claim an interest in the subject property, including owners, lienholders, lenders, and holders of future estates. The action commences with the filing of a Partition complaint, which is filed and served on all named defendants.

When an action for partition is filed, the opposing party has an opportunity to respond to this action by filing an answer. An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition.

Any or all of the co-owners can file a partition suit. The co-owners can be legal heirs also if it is a family property. Anyone having a share in the property which is intended to be partitioned can file the suit.

In an estate, the best way to stop a partition action is to use estate planning techniques before death, such as making a will which directs for the property to be sold and to not have anyone use the property after the original owner's death, or to create a trust (if tax-appropriate).

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A partition action is a lawsuit in which a cotenant asks the court to divide property among its owners. Get free access to the complete judgment in RUSNAK v.Plaintiffs' complaint was dismissed, and the remainder of the joint venture land was ordered sold for partition. A new law in Tennessee has changed the procedure for appointing commissioners to partition real or personal property in Tennessee.

Nashville Tennessee Complaint For Partition of Real Property

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Interesting Questions

What is a complaint for partition of real property?

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