(a) If all the interests of all cotenants that requested partition by sale are not purchased by other cotenants pursuant to § 29-27-307, or if after conclusion of the buyout under § 29-27-307, a cotenant remains that has requested partition in kind, then upon motion and hearing, the court may order partition in kind unless the court, after consideration of the factors listed in § 29-27-309, finds that partition in kind will result in great prejudice to the cotenants as a group. In considering whether to order partition in kind, the court shall approve a request by two (2) or more parties to have their individual interests aggregated.
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Terms Used In Tennessee Code 29-27-308

  • Partition by sale: means a court-ordered sale of the entire heirs property, whether by auction, sealed bids, or open-market sale conducted under §. See Tennessee Code 29-27-302
  • Partition in kind: means the division of heirs property into physically distinct and separately titled parcels. See Tennessee Code 29-27-302
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(b) If, at the hearing, the court does not order partition in kind under subsection (a), then the court shall order partition by sale pursuant to § 29-27-310 or, if no cotenant requested partition by sale, the court shall dismiss the action.
(c) If, at the hearing, the court orders partition in kind pursuant to subsection (a), then the court may require that one (1) or more cotenants pay one (1) or more other cotenants amounts so that the payments, taken together with the value of the in-kind distributions to the cotenants, will make the partition in kind just and proportionate in value to the fractional interests held.
(d) If the court orders partition in kind, then the court may allocate to the cotenants that are unknown, unlocatable, or the subject of a default judgment, if their interests were not bought out pursuant to § 29-27-307, a part of the property representing the combined interests of these cotenants, as determined by the court, and this part of the property must remain undivided.
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