Any person having an estate of inheritance, or for life, or for years, in lands, and holding or being in possession thereof, as tenant in common or otherwise, with others, is entitled to partition thereof, or sale for partition, under this chapter. Code 1858, § 3262 (deriv. Acts 1787, ch. 17, § 1; 1789, ch. […]
The fact that the premises are subject to an encumbrance by mortgage or otherwise will not affect the right. Code 1858, § 3263 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5011; Code 1932, § 9166; Acts 1976, ch. 529, § 6; T.C.A. (orig. ed.), § 23-2102.
Nor will the fact that some of the joint owners are infants, and that it is to their interest that the property should not be partitioned; nor that the several estates and interests of the parties are altogether different and distinct. Code 1858, § 3264 (deriv. Acts 1853-1854, ch. 48, § 2); Shan., § 5012; […]
In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set […]
Any two (2) or more persons owning personal property in common may have partition, or sale for partition, thereof, in accord, substantially, with this chapter in respect of realty. Where such owners are unable to agree as to possession pending the proceeding, the court may make orders as to possession or leasing thereof. Code 1932, […]
The county, circuit, or chancery courts have concurrent jurisdiction of partition cases under this chapter, by bill or petition. Nothing in this chapter shall deprive the chancery court of the jurisdiction rightfully belonging to that court over the subject of partition and sales of realty for the purposes of division. Code 1858, §§ 3266, 3267 […]
The petition may be filed in the court of the county in which the land, or any part of it lies, or in which the defendant resides. If all the claimants join in the petition, or assent to the partition, it may be filed in any county in the state, whether any of the land […]
The bill or petition shall set forth, as far as known, the names of the owners, their residences, which of them are infants or married. Code 1858, § 3270; Shan., § 5018; mod. Code 1932, § 9173; T.C.A. (orig. ed.), § 23-2108.
Every person having such interest, whether in possession or otherwise, shall be made a party. Code 1858, § 3271; Shan., § 5019; Code 1932, § 9174; Acts 1976, ch. 529, § 7; T.C.A. (orig. ed.), § 23-2109.
In case any one (1) or more of such parties, or the share or quantity of interest of any of the parties, be unknown to the petitioner, or be uncertain or contingent, or the ownership of the inheritance shall depend upon an executory devise, or the remainder shall be a contingent remainder, so that such […]
Notice of the petition, stating the time it is intended to present it, and the court at which it is to be presented, shall be served upon the parties who do not join in the petition, at least five (5) days before its presentation, or given by publication, as provided in subsection (b). If any […]
The action may, however, be commenced by filing the petition or bill, and issuance and service of copy and summons, or making publication as in chancery cases. Code 1858, § 3274; Shan., § 5022; Code 1932, § 9177; T.C.A. (orig. ed.), § 23-2113.
The court, on appearance or default, shall declare the rights, titles, and interests of the parties in the premises, and give judgment that partition be made between such of them as have any right therein, according to such right. The court may, in a proper case, where there are unknown parties or unknown shares, give […]
Upon the filing of a suit for partition of property, real or personal, the parties shall submit the names of three (3) commissioners selected and agreed upon by the parties. If the parties are unable to agree, the judge shall appoint three (3) commissioners, known by the court or shown to the court to be […]
The commissioners, before proceeding to the execution of their duty, shall be severally sworn, by the clerk, the officer summoning them, the county surveyor, the deputy, or any general sessions judge, to do justice among the parties, to the best of their skill and abilities, according to the directions of the court. Code 1858, § […]
In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ […]
If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they can, and charge the larger shares with the sums necessary to equalize all the shares, and report the facts. Code 1858, § 3283 […]
The commissioners shall make a report in writing, signed by at least three (3) of them, of what they have done, and describing the land divided, and the share of each party, by metes and bounds, or other sufficient designation. Code 1858, § 3282 (deriv. Acts 1787, ch. 17, § 1); Shan., § 5030; Code […]
Upon the coming in of the report, unless set aside for good cause shown, upon exception, the court shall confirm the same, and divest and vest title according to its terms, giving a decree in proper cases in favor of those to whom smaller shares have been allotted against those having the larger shares, for […]
The expenses of the commissioners, including the expenses of a surveyor and the surveyor’s assistants, when they have been employed, will be ascertained and allowed by the court; the expenses to be paid by the claimants in the proportion of their interests, or equally, as the court may direct, to be collected as other costs. […]
