In Texas, when two or more individuals co-own real estate property and cannot agree on its use or sale, a co-owner may initiate a partition action. This is a court-supervised process to divide or sell the property in accordance with Texas law.
What is a Partition Action?
A partition action is a legal proceeding that enables a property co-owner to seek the division or sale of jointly owned real estate. Such properties may be inherited or jointly purchased, sometimes without a formal purchase and sales agreement in place. Any co-owner, regardless of their ownership percentage, has a legal right to initiate a partition action.
Partition actions are typically filed in the district court of the county where the property is located. The court then assesses each party’s ownership interest and determines whether the property can be physically divided or must be sold.
The basic steps in a Texas partition action typically include:
- Filing a petition in district court.
- Providing legal notice to all co-owners.
- Appointment of commissioners or other experts to evaluate the property.
- Determination of ownership shares.
- Decision by the court on whether to divide the property or order a sale.
- Distribution of the land or proceeds according to ownership percentages.
The court may also address reimbursement issues, such as property taxes, insurance, or improvements paid by one owner on behalf of the property.
Partition in Kind vs. Partition by Sale
There are two primary types of partition in Texas. A “partition in kind” refers to when the court physically divides the land among co-owners according to their ownership shares. This method is appropriate for larger tracts of land or properties that can be equitably divided without significantly diminishing the value.
A “partition by sale” is different. If dividing the property is not feasible, the court may order the property to be sold, with the proceeds distributed among the co-owners in proportion to their interest. This method is appropriate for single-family homes or small lots.
To assist with the division process, courts often appoint special commissioners or professionals such as surveyors and appraisers. These individuals help to evaluate the property, determine fair boundaries in cases of partition in kind, or assess value in the event of a sale.
If the property is to be sold, the court oversees the sale process and ensures that the proceeds are equitably distributed to the rightful co-owners.
SWIFT COMMUNICATIONPROVEN TRACK RECORDRESULTS-ORIENTED
Co-Owner Disputes? Know Your Rights.
Common Reasons for Partition Actions
Partition lawsuits commonly arise under the following circumstances:
- Co-owners have inherited property and cannot agree on its use or sale.
- One party wants to sell, while another wants to retain ownership or develop the land.
- A co-owner no longer wishes to be financially responsible for taxes, maintenance, or insurance.
- Personal disputes or legal disagreements among family members or business partners.
Each co-owner has the right to petition for partition. Therefore, the court will not deny the request, even if one or more co-owners object to the sale or division.
Contact a Texas Real Estate Lawyer for Help With a Partition Action
Real estate partition actions in Texas offer co-owners a path to divide or sell jointly held property when agreements cannot be reached. Legal representation is highly recommended for anyone involved in a partition suit. Understanding your rights and seeking legal guidance early can help you protect your rights and achieve an equitable resolution to a partition dispute.
Contact Porter Law Firm today at (713) 621-0700 to schedule a case review to learn more about your rights.