Tennessee Code Annotated
Tenn. Code Ann. § 29-27-116 (2026)
Mode of partition
✓ current as of May 2026
In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties, quality and quantity relatively considered, according to the respective rights and interests of the parties as adjudged by the court, designating the several shares by posts, stones, marked trees, or other permanent monuments; and they may employ a surveyor, with the necessary assistants, to aid therein. The partition may be made by tracts, or by the division of each tract into shares, as may seem right to the commissioners and the court.
Code 1858, §§ 3281, 3288 (deriv. Acts 1815, ch. 123, § 1; 1817, ch. 41, § 3); Shan., §§ 5029, 5037; Code 1932, §§ 9184, 9192; T.C.A. (orig. ed.), § 23-2119.
Notes of Decisions
Cited in 7
cases (2 in the last 5 years), 2000–2024 · leading case: Fossett v. Gray, 173 S.W.3d 742 (Tenn. Ct. App. 2004).
Fossett v. Gray, 173 S.W.3d 742 (Tenn. Ct. App. 2004). “This reading is borne out by a reading of T.C.A. 29-27-116 (2001), in which the role of the commissioners is described only in the context of a partition in kind: In making partition, the commissioners shall divide the premises and allot the several shares to the respective…”
Mostoller v. Kelley (In Re Kelley), 304 B.R. 331 (E.D. Tenn. 2003). “§ 29-27-116 (2001). Likewise, the court acknowledges the following reasoning set forth by the Griffin court regarding the sale of an undivided interest in a residential home: This Court takes judicial notice that a sale of the estate’s undivided one-half interest would realize…”
Mckenzie Banking Co. v. Couch, 332 S.W.3d 349 (Tenn. Ct. App. 2010). “This reading is borne out by a reading of T.C.A. 29-27-116[ ], in which the role of the commissioners is described only in the context of a partition in kind: In making partition, the commissioners shall divide the premises and allot the several shares to the respective parties,…”
Joseph Michael Harris v. Susan Taylor (Tenn. Ct. App. 2006). “14, 2001) (citing Tenn. Code Ann. § 29-27-116 ). Generally, [t]he shares or interests of joint tenants are presumed to be equal, although the contrary may be shown by proof.”
Est. of Mary Bell McGraw Marlin v. Harry Whitehead Marlin, III (2022). “Tenn. Code Ann. § 29-27-116 (2012). In addition, these parties also cite the following statute: If the commissioners are satisfied that exact partition cannot be made without material injury to the parties, or some one of them, they may make the partition as nearly equal as they…”
Jerry Green v. Cynthia Panter (Tenn. Ct. App. 2024). “” Tennessee Code Annotated § 29-27-116 requires the commissioners to “divide the premises and allot the several shares to the respective parties, quality and quantity respectively considered, according to the respective rights and interests of the parties as adjudged by the…”
David Rivkin v. Lori Postal (Tenn. Ct. App. 2000). “Tenn. Code Ann. § 29-27-116 . Even though joint owners are entitled to a partition in kind, Helm v.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.