Tennessee Code Annotated
Tenn. Code Ann. § 29-27-104 (2026)
Partial partition - Interest of minors
✓ current as of May 2026
In these cases the partition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in common; and if there are minors, the court may, in its discretion, leave their shares in common, or set them apart to each in severalty, as may appear to be just, upon the proof introduced.
Code 1858, § 3265 (deriv. Acts 1853-1854, ch. 48, § 3); Shan., § 5013; Code 1932, § 9168; T.C.A. (orig. ed.), § 23-2104.
Notes of Decisions
Cited in 3
cases, 2002–2017 · leading case: Elma Lou Hale v. Gerald D. Hale (Tenn. Ct. App. 2011).
Elma Lou Hale v. Gerald D. Hale (Tenn. Ct. App. 2011). “We have determined the trial court is authorized to partition a portion of the property in kind, pursuant to Tenn. Code Ann. § 29-27-104 , and to order that the remaining property be partitioned by sale.”
Nancy Crawford v. Roger Crawford (Tenn. Ct. App. 2002). “A partial partition in kind is allowed under Tenn. Code Ann. § 29-27-104 , which provides: [P]artition shall be made according to the respective rights of the parties, setting apart to such as desire it their shares in severalty, and leaving the shares of others, if desired, in…”
Mike Breen v. Janice C. Sharp (2017). “ce that (1) the property is comprised of three noncontiguous tracts of significantly different acreage, shape, topography and value; and (2) partition in kind would result in some tracts having limited, if any, public access without ingress and egress easements, clearly and…”
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