Tennessee Code Annotated
Tenn. Code Ann. § 29-27-121 (2026)
Attorneys' fees
✓ current as of May 2026
The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where the property is sold for partition, and taxed as cost in cases where the property is partitioned in kind.
Acts 1887, ch. 183; Shan., § 5035; Code 1932, § 9190; T.C.A. (orig. ed.), § 23-2125.
Notes of Decisions
Cited in 13
cases (4 in the last 5 years), 1985–2026 · leading case: Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006).
Killingsworth v. Ted Russell Ford, Inc., 205 S.W.3d 406 (Tenn. 2006). “Rather, the court addressed the effect of Tennessee Code Annotated section 29-27-121 permitting an award of attorney’s fees from the common fund created by the sale of partitioned land.”
Parker v. Lambert, 206 S.W.3d 1 (Tenn. Ct. App. 2006). “Parker shall be entitled to recover reasonable attorney fees from the sales proceeds if the real estate is listed for sale and sold, pursuant to T.C.A. § 29-27-121, and the net sales proceeds from the sale of the house shall be deposited with the Clerk & Master until the…”
Chaille v. Warren, 689 S.W.2d 173 (Tenn. Ct. App. 1985). “We cannot find fault with the trial judge’s exercise of the discretion vested in him by statute.”
Fossett v. Gray, 173 S.W.3d 742 (Tenn. Ct. App. 2004). “The Tennessee statute governing the award of attorney fees in partition cases is T.C.A. 29-27-121 (2001), which reads, in relevant part: The court may, in its discretion, order the fees of the attorneys for the complainant and defendant to be paid out of the common fund, where…”
In Re Est. of Anna Sue Dunlap, Richard Gossum, Adm'r CTA (Tenn. Ct. App. 2011). “” T.C.A. § 29-27-121 (2000). -3- and awarded attorney fees to the plaintiffs and to the defendants for fees incurred in the first appeal.”
Suzanne R. Vance v. Sally Ann Blue (Tenn. Ct. App. 2022). “Tenn. Code Ann. § 29-27-121 (2012); Parker, 206 S.”
Ajit C. Desai v. B. G. Naik Trust (Tenn. Ct. App. 2026). “Whether the Trial Court erred in rejecting Appellants’ request for attorneys’ fees to be paid from the partition funds? Pursuant to Tennessee Code Annotated section 29-27-121, the trial court has the discretion to determine whether a party’s attorney fees should be paid from the…”
James Killingsworth v. Ted Russell Ford, Inc. (Tenn. Ct. App. 2006). “In Chaille I, counsel for defendants requested this Court to award attorney fees incurred on appeal, and, as set forth above, we remanded this issue to the trial court to determine if awarding fees was appropriate and, if so, the proper amount.”
Ethel Carmical v. Mary Jane Kilpatrick (Tenn. Ct. App. 2003). “Under Tennessee Code Annotated § 29-27-121, in a partition action, the trial court, in its discretion, may order the attorney’s fees to be paid out of the common fund.”
Baxter Bailey Investments LLC v. APL Ltd. Inc. (Tenn. Ct. App. 2015). “”); Tenn. Code Ann. § 29-27-121 (permitting a court to order the fees of the attorney of either party to be paid out of the common fund where property is sold for partition); Tenn.”
John W. Harris, Jr. v. Robin L. Steward (Tenn. Ct. App. 2019). “as indicated -6- in the letter to Harris, dated July 25, 2013 also included in that letter Steward cited TCA 29-27-121, which states attorney fees can be paid out of the common fund .”
Taylor Brocato (now Dunn) v. Kyle Young (2024). “” Tenn. Code Ann. § 29-27-121 . Based on our discretion, we deny both parties’ requests for attorney’s fees.”
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