Franklin Partition Litigation Lawyer

Franklin Partition Litigation Attorney

When disputes arise between co-owners of real estate properties, there may come a need for legal action in order to divide or partition the property. These disputes can be complex legal matters. They often require the assistance and knowledge of an experienced Franklin partition litigation lawyer. Co-owners may dispute the management or disposition of the property, and partition litigation may be the right course of action to take, necessitating an attorney.

The nuances surrounding these cases are complicated, and having the guidance and support of an attorney who understands these complexities can be paramount to protecting your interests in a real estate partition. The legal team at Emmack Probate and Estate Law Group is passionate about offering a comprehensive assortment of legal services to all of their clients and working toward a positive, equitable, and fair outcome when representing clients in partition litigation. Our experienced attorney, Shanone Emmack, has handled these types of cases and helped our clients to get a fair outcome in partition litigation cases.

What Constitutes a Real Estate Partition in Franklin, Tennessee

When the co-owners of a property cannot agree on matters like the sale, use, or management of the property, partition may be necessary. This is the legal process of dividing the property between the joint owners. In the state of Tennessee, the law permits individuals who co-own real estate the legal right to pursue a partition to resolve any disagreements. This can ensure that all parties’ interests in the property are protected.

In Tennessee, there are two main forms of partition actions that an attorney can assist you with. These forms of partition actions include:

• Partition in Kind: This form of partition action is also known as a physical partition or physical division. It often involves a physical division of the property into separate portions. This allows each of the co-owners to retain their fair share of the property. This tends to be more common when the property is a large tract of land. However, in some cases, it may not be feasible, like if it was a single-family home.
• Partition by Sale: This form of partition action can occur when a physical division is not possible, or the joint owners cannot reach an agreement on the division. In these cases, the court may order for the property to be sold and the profits be divided fairly among the joint owners according to their individual ownership.

How Emmack Probate and Estate Law Group Can Assist You

At Emmack Probate and Estate Law Group, Shanone Emmack is ready and able to represent clients in a partition action in the Franklin area. She understands the unique nuances that go into these cases and is aware of how delicate these cases can be. She understands the legal requirements of these cases. She can help determine the grounds for filing and can assist you in the filing process.

She can also represent your interests in any courtroom litigation, negotiate settlements between you and the other property owners involved, oversee the partition process, either by way of a partition in kind or a partition by sale and can work to ensure your rights and interests are protected and upheld in a legal manner.

She can handle all the complexities of your case and provide you confidence in knowing you have the right legal representation on your side.

Ways to Seek a Partition in Franklin, Tennessee

There are several circumstances in which co-owners may wish to seek a partition in Franklin, Tennessee. Under state real estate partition law, these circumstances can include:

• Unequal Ownership: In cases where owners do not have an equal share of ownership, this kind of partition can help ensure each owner receives their fair share of the property’s total value.
• Lack of Agreement: Partition cases can arise when owners are unable to reach agreements on the use, management, or sale of the property.
• Financial Hardships: Partition may become an option if one or more of the owners is facing financial hardship and wishes to sell their share of the property.
• Property Use Disagreement: When co-owners have differing opinions on how the property should be used, partition may be required to resolve the dispute.

FAQs

How Much Does a Partition Claim Cost in Tennessee?

In Tennessee, the cost of a partition claim can vary from case to case. There are usually several fees involved in filing this kind of claim. There are many other important factors that can impact the final cost analysis. The cost of a partition claim may include attorney fees, court filing fees, any appraisal that is necessary, and the costs from the property sale, should a sale be deemed necessary.

What Is the Process of Seeking a Real Estate Partition?

In Tennessee, there are several steps you need to follow to legally seek a real estate partition. First, you must file a partition claim with the appropriate Tennessee court. The court will assess the situation and issue a partition order. The type of partition will be determined, and a division or sale should occur before the dispute can be officially resolved.

Is Tennessee a Right of Survivorship State?

Yes, Tennessee is a right of survivorship state. This means when a joint owner of a property dies, their share of the property automatically transfers to the other joint owners still alive. This can include properties held in joint tenancy, tenancy in common, or tenancy in the entirety. The state does not, however, allow transfer-on-death deeds.

What Is the Uniform Partition of Heirs Property Act in Tennessee?

The Uniform Partition of Heirs Property Act in Tennessee is a property law that protects the rights of heirs to any real estate property that is considered “heirs property.” This act not only protects these individuals, but also helps protect and preserve family land in the state. It acts to establish a process where heirs can be notified of their inheritance status.

Contact Emmack Probate and Estate Law Group for Your Partition Litigation Needs

If you or someone you know is in a situation where real estate partition litigation is necessary, you need an attorney who understands the complexities of these legal proceedings and can represent you and your interests. Contact Emmack Probate and Estate Law Group today to schedule a consultation and learn more about how we can help you.