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Can I file a counter suit to a partition?

Maryville, TN |

If a partition is filed but the plaintiffs keep stalling and harassing the defendants (who were willing to sell all along) can the defendants file a partition themselves to force the house and property into sale immediately. There is a lot of acreage and cost associated with the maintenance of the property and we believe the plaintiffs are trying to run up the cost. The house is not in probate and is solvent.

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Filed under: Real estate
Attorney answers 3


If there is an existing partition action, you likely cannot file a second action for the same thing.

Communicate with the court about your desire to have the case move forward.

Better yet, get an attorney who can represent your interests and bring the case to resolution.

I am not a TN attorney, laws vary from state to state, therefore you should always consult a local attorney.

If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.


Mr. Millar gave you good advice. Your interests would be best served with a capable lawyer representing you. The court has some discretion on whether to charge the proceeds of the sale of the property with the costs incurred by the plaintiffs. You may be able to show that they acted unreasonably and did not even need to file the suit in order to have the property sold. In any event, moving the lawsuit forward promptly will get the property sold quicker.

These comments do not constitute legal advice. They are general comments on the circumstances presented, and may not be applicable to your situation. For legal advice on which you may rely consult your own lawyer.


I am an attorney, but don't practice real estate law. Respectfully, I wouldn't do a case like this on my own. You need to retain a local real estate attorney to represent you.

This post is for information purposes only and does not constitute legal advice, nor does it establish an attorney client relationship with Mr. Cassara.

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