Three friends — Olivia, Paul, and Quinn — purchase a vacation cabin in the Smoky Mountains as tenants in common. Olivia holds a 50% interest, Paul holds a 30% interest, and Quinn holds a 20% interest. Paul wants to sell his share but Olivia and Quinn refuse to agree to a sale. What legal remedy is available to Paul under Tennessee law?
Correct Answer
B) Paul may file a partition action in Tennessee court to force a division or sale of the property
Under Tennessee law, any co-owner in a tenancy in common who wishes to end the co-ownership may file a partition action in court (Tenn. Code Ann. § 29-27-101 et seq.). The court may order a physical partition of the property if feasible, or if the property cannot be equitably divided (as is typically the case with a cabin), order a partition by sale where the property is sold and proceeds are divided according to each owner's proportional interest.
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Related Topics & Key Terms
Key Terms:
Related Concepts
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
A freehold estate represents ownership of real property with an indefinite duration.
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