(a) This part applies to partition actions filed on or after July 1, 2022.

Terms Used In Tennessee Code 29-27-303

  • Heirs property: means real property held in tenancy in common that satisfies all of the following requirements as of the filing of a partition action:
    (A) There is no agreement in a record binding all the cotenants that governs the partition of the property. See Tennessee Code 29-27-302
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
(b) In an action under this chapter, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property and a cotenant seeks partition, then the property shall be partitioned under this part.
(c) This part supplements parts 1 and 2 of this chapter and, if an action is governed by this part, then this part replaces provisions of parts 1 and 2 of this chapter that are inconsistent with this part.
(d) This part is remedial in nature and shall be construed to extend to the court the discretion necessary to effectuate this part.
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