Real Estate Law: Partition Actions & Quiet Title

A partition action is a lawsuit that forces the division or sale of property when co-owners can't agree on what to do with it. Common situations include: siblings inherited a house and some want to keep it while others want to sell, unmarried couples split up and can't agree on selling shared property, or business partners own real estate together and can't agree on disposition.

Tennessee, Alabama, and Georgia law gives any co-owner the right to force partition. The court either physically divides the property (rare) or orders it sold and the proceeds divided among the co-owners. If you jointly own property and can't reach an agreement with your co-owners, partition may be an option to access your share of the value.

Uncontested partition actions typically take 3-6 months from filing to property sale. Contested cases where co-owners fight about valuation, contribution claims, or partition method generally take 6-12 months or longer.

The timeline depends on court scheduling, whether the property needs appraisal, if there are mortgage or lien complications, and how aggressively the other parties contest it. Once the court orders sale, it typically takes 2-4 months to complete the real estate transaction. We work to move partition cases efficiently, but co-owners who contest vigorously may delay the process.

A quiet title action is a lawsuit that resolves competing claims to property ownership and establishes clear, marketable title. You need quiet title when there are clouds on the title preventing sale or refinancing:

• Old mortgages or liens that were paid but never released
• Missing heirs or probate issues from deaths years ago
• Boundary disputes or encroachment problems
• Fraudulent deeds or forged documents in the chain of title
• Adverse possession claims

The lawsuit names everyone with potential claims and asks the court to declare who actually owns the property. Title insurance companies won't insure clouded titles, so you can't sell or refinance until the title is quiet. These cases are common with inherited property that sat for years without proper probate.

Generally yes, through a partition action. Tennessee, Alabama, and Georgia law gives any co-owner the right to partition - meaning force either physical division or sale of jointly-owned property in most circumstances. You typically can't be forced to remain co-owners indefinitely if you don't want to.

The other co-owners generally can't block you forever. However, they may buy out your share instead of allowing sale to a third party. The court may award them first right of refusal at fair market value. If they can't or won't buy you out, the court typically orders the property sold and proceeds divided according to ownership percentages.

There are limited exceptions for property held in certain types of partnerships or agreements with restrictions on partition rights, but standard co-ownership typically allows partition.

This is extremely common and creates title problems that prevent sale or refinancing. The solution depends on how long ago the death occurred and who the heirs are.

If all heirs agree, we may be able to resolve it through probate (even years later) or a quiet title action combined with probate proceedings. If heirs are unknown, missing, or disagree, quiet title litigation may be necessary to establish ownership.

Many families let inherited property sit for 5, 10, or 20+ years without proper title transfer. The longer you wait, the harder it typically gets - heirs die, creating more title clouds, and documents become harder to find.

These cases connect directly to our probate practice. We handle the combination of probate and title work that may be needed to clear ownership and make the property marketable.

Uncontested partition actions typically cost $3,000-$7,000 in attorney fees plus court costs and filing fees of approximately $500-$1,500. Contested cases with significant disputes over valuation, improvements, or contribution claims generally cost $7,000-$15,000 or more depending on complexity and how aggressively the other parties fight.

The property sale costs (realtor fees, closing costs) typically come out of the sale proceeds. In some cases, the court may order the other co-owners to pay part of your attorney fees if they unreasonably blocked reasonable settlement offers, though results vary.

We can provide estimates after reviewing your specific situation. Many partition cases may settle once we file the lawsuit and the other co-owners realize they can't block the sale indefinitely.

It's "quitclaim deed," but we've heard it called almost everything under the sun, and yes, we've done thousands of them for clients. It is a type of deed to transfer real estate. But it's a deed that provides no warranties of clear title, which is why it is used almost exclusively between family members or friends.

They are extremely useful in estate planning, gifting property, after someone's death, and other situations that may arise when you're not purchasing the real estate for large sums of money. If you're buying a home, you typically want a warranty deed (or at least a limited warranty deed) to ensure good title, but those typically only happen through formal closing processes with title companies and when purchasing title insurance.

No, at this time, neither Tennessee, Alabama, nor Georgia law require a lawyer for real estate transactions. However, clients often engage our attorneys to assist with what's likely their largest financial transaction. We review and draft contracts, review title searches, review and handle closing documents, and spot potential issues before they become expensive problems.

Real estate agents are great at what they do, but they can't provide legal advice. We often work alongside your agent to make sure the legal aspects of your transaction go smoothly.

Title issues can range from simple clerical errors to a deceased-person's improperly dealt with probate issues to complex ownership disputes, and they need to be resolved before you can sell or refinance your property. The solution depends on the specific problem—sometimes it's a matter of filing corrective documents, other times it requires more involved legal action.

We'll research the issue, work with your title company, explain your options clearly, and work to resolve it as efficiently as possible. Don't let title problems sit unaddressed, as they typically don't improve with time.