Wednesday, October 14, 2009

Court reviews appropriateness of court-ordered partition by sale where partition in kind would detract from property values

EMMA LOU HALE v. GERALD D. HALE AND BONNIE F. HALE (Tenn. Ct. App. August 13, 2009)

Plaintiff sought a partition by sale of property she owned as a tenant in common. The defendants sought a partition in kind. The undisputed proof showed that the parcels were more valuable if sold together than if they were divided and sold separately. The trial court ordered the property sold. The defendants appealed. We affirm.

Opinion may be found at the TBA website: