Can I sell my share without the other owner’s consent?

Yes, this is what is generally referred to as a partition lawsuit. Each joint owner of real property has an absolute right to partition a property that the no long want to jointly own with another.

How do I force the sale of a property that I own with someone else?

Unfortunately, in Texas there are very few ways to force a sale of a property that you jointly own with another. If the joint owners cannot come to a mutual agreement on either selling the property together or buying out the interest of a joint owner, there is only one option—a partition lawsuit, which is an absolute right of each joint owner of the property.

Can a partition lawsuit force me to sell my home and land?

Yes, a partition lawsuit can force you to sell your home or land. A partition is an absolute right for a joint owner of real property in Texas. Unless the joint owners are able to agree to a division or buy out without court intervention, there is no way around this end result.

Are there any defenses to a partition of real property in Texas?

Under Chapter 23 and 23a of the Texas Property Code, there are no valid defenses to a lawsuit. The only real defense that you could point out is the fact that a party filing for a partition does not have an ownership interest in the property.

Is there a statute of limitations to file a partition lawsuit in Texas?

No, you can file a partition lawsuit at any point in time that you jointly own a piece of property with another individual.

What is a partition of real property in Texas?

A partition is a lawsuit to sever a joint ownership or tenancy in common with another individual in a piece of property or properties. A partition can be in kind or by sale.

What is a partition in kind?

A partition in kind—in so many words—is a division of real property in which no real property is sold. For example, if there are two joint owners to a property that consists of 100 acres of raw land, the court would award each owner a 50 acre tract. 

What is a partition by sale?

A partition by sale is exactly what it sounds like—the real property is sold. A partition by sale occurs when the real property cannot be divided up or cannot be divided without seriously effecting the value of the other joint tenants interest in the property.

Who can file for a partition?

Anyone with an ownership in a piece of real property can petition the district court in the county in which the property is located to partition the property.

When can I file a partition lawsuit in Texas?

You can file a lawsuit for partition at any point in time in which you are a joint owner with another individual. Whether the reason is because of a dispute, divorce, inheritance, or you just want to cash out—you have an absolute right to partition at any point in time.

Where do I file a partition lawsuit in Texas?

In Texas, a lawsuit that deals with land must be filed in the County in which the property is located. For example, if you want to partition a piece of real property in Dallas, Texas, you will have to file your lawsuit in Dallas County, Texas.

How do I file a partition lawsuit in Texas?

Generally, you will file a petition for partition with the district court of the county in which the property is located. However, this process is extremely difficult unless you have someone assisting you that has file a partition lawsuit before. Partition Texas utilizes its legal team who partitions properties all of the time for its clients at no cost to them and is prepared to do the same for you!

What is the Partition action process in Texas?

The partition action process in Texas largely depends on the type of partition. Generally, the first trial is to determine ownership interests and offsets. However, the process varies slightly depending on whether the partition of the real property is in kind or by sale:

A.       Partition Action Process in relation to an in kind partition of real property in Texas?

The first step is to file a petition to partition real property. Once all joint owners have received notice of the partition lawsuit, you will schedule a trial date to determine ownership interests in the property and any legal offsets. After this first trial, the court will appoint 3 disinterested real estate professionals to act as commissioners for the court to divide the property in kind. The commissioners will then file a report with the Court regarding the division of the property. Afterwards, you will either receive a partition deed from the court or you can schedule a second trial to contest the commissioners report.

B.       Partition Action Process in relation to a partition by sale of real property in Texas?

The first step is to file a petition to partition real property. Once all joint owners have received notice of the partition lawsuit, you will schedule a trial date to determine ownership interests in the property and any legal offsets. After this first trial, the court will appoint 3 disinterested real estate professionals to act as commissioners to sell the property the same way as if the joint owners had hired a realtor to list the property for sale. The commissioners will then file a report with the Court regarding the sale of the property. Afterwards, you will withdraw your portion of the sale proceeds from the court registry.

What if I inherited property with a sibling or other family members who do not want to sell?

In Texas, you are still entitled to partition the real property. However, there are unique rules that apply to a property or properties that are inherited. The Uniform Partition of Heirs’ Property Act applies when at least 20% of the ownership interest in a property was inherited. This adds on the additional factor of other co-tenants having a right to buy out the co-tenant who has asked for a partition by sale, which is not available under other partitions.

Can I get reimbursed in a partition for improvements or maintenance of the property?

Yes, you are entitled to legal offsets for improvements and maintenance that the other joint tenants were required to contribute to such as property taxes, insurance, etc.

Do I need a lawyer in order to partition?

No, but legal expertise is vital in order to receive a fair outcome and protect your interests. A partition still is a lawsuit and does require court involvement. You do not want to go through a legal proceeding without someone who knows how the legal system works in order to maximize what you get out of a partition. With Partition Texas, you will have an experienced legal team on your side without the absurd legal fees that you would otherwise have to pay out of pocket for.

Will I have to go to Court for a partition of real property?

Yes, you likely will have to make a court appearance at the trial in order for the partition to move forward. However, with Partition Texas on your side, the burden of preparation and anxiety in preparing for court will be lifted off of your shoulders.

How much does it cost for a lawyer to do a partition action in Texas?

If you hire a lawyer to partition a piece of real property, you likely will spend $10,000 to $20,000 depending on any complexities associated with the property, legal offsets, whether you can locate the other joint tenant(s), and how litigious the joint tenants will be in the partition.

What if I cannot afford lawyer’s fees?

With Partition Texas, we are here to assist you at no cost to you. Contact us today to see how best we can assist you!

How long is the process to partition real property?

Generally, a partition will take on average between 1 year to 1 and a half years to resolve.