Detailed Answer
If co-owners of real property in Texas cannot agree on dividing or selling the property, one or more co-owners may ask a court to force a partition. A partition action asks the court either to physically divide the land among co-owners (partition in kind) or to order a sale and divide the proceeds (partition by sale). The court will choose the remedy that is fair and practicable under the circumstances.
Step 1 — Try to resolve the dispute before filing
Courts favor settlement. Before filing, consider mediation, a negotiated buyout of one owner by another, or a written partition agreement. These options are faster and usually cost far less than litigation.
Step 2 — Identify all parties and encumbrances
Any person or entity with a recorded ownership interest or lien in the property should be named as a defendant in a partition suit. That usually includes:
- All record co-owners (joint tenants or tenants in common)
- Mortgage lenders and holders of recorded liens
- Persons claiming an ownership or possessory interest (tenants, purchasers under contract)
Naming all interested parties lets the court resolve competing claims and ensures the final order can bind everyone.
Step 3 — Where and how to start the case
File a petition for partition in the district court of the county where the property is located. Your petition should describe the property, explain each partys claimed share, request partition in kind or by sale, and ask the court to appoint commissioners or another official to carry out the division or sale. For statutory guidance on partition procedures, see the Texas Property Code, Chapter 23: Tex. Prop. Code Ch. 23.
Step 4 — Service, pleadings, and temporary relief
After filing, you must serve process on all defendants according to Texas rules. You may also ask the court for temporary orders to protect the property pending final resolution. Typical temporary reliefs include injunctions preventing waste, sale, or removal of assets, and orders setting who may occupy or collect rents.
Step 5 — Appraisals, commissioners, and hearings
The court can appoint commissioners to inspect the property, oversee appraisals, and propose a division or sale. If a physical partition is practicable without materially impairing value, the court may order division in kind (each owner receives a separately carved part of the land). If division would be impractical or would materially diminish value, the court will usually order a sale and divide the proceeds.
Step 6 — Sale process and distribution of proceeds
If the court orders sale, the commissioners or a court officer will follow the procedures set by the court and applicable statutes to sell the property, typically at public sale or through a negotiated sale under court supervision. Proceeds pay liens, taxes, court costs, and expenses of sale in priority order, and the remainder divides among owners according to ownership shares. The courts final decree will specify the accounting and distribution.
Timing, costs, and outcomes
Partition litigation can take months or more depending on complexity: number of parties, disputes over title, appraisals, and any appeals. The party who files usually bears filing fees and court costs, and the court may allocate costs and attorneys fees among the parties depending on the case facts and any statutory or contractual provisions.
Special issues to watch for
- Homestead and family protections: If the property is a homestead, additional legal protections may restrict a courts ability to force a sale. Discuss homestead/no-consent issues with counsel.
- Mineral interests and leases: Severed mineral estates or active oil-and-gas leases complicate partition. The court may need to address surface vs. mineral rights separately.
- Mortgages and liens: Liens generally must be paid from sale proceeds. A mortgage holder should be joined so the court can determine priority.
- Tenancy and possession: If tenants occupy the land or lease income exists, the court may order interim rents collected and preserved until distribution.
Helpful Hints
- Gather title documents, deeds, mortgages, leases, and tax records before you meet an attorney or draft a petition.
- Get a market valuation or appraisal early so owners understand likely outcomes and can evaluate buyout offers.
- Talk to an attorney experienced in Texas partition and real property matters. Partition cases combine title, equity, and procedural law nuances.
- Consider mediation or arbitration clauses if a quick resolution matters; courts often encourage settlement before trial.
- Ask your attorney about temporary injunctions if other owners threaten to sell, damage, or remove value from the property.
- Keep good records of expenses and improvements; the court may credit or reimburse contributions when dividing proceeds.
- If homestead, family-law, or probate issues may apply (for example, deceased owner), raise these early because they change who must be joined and what relief the court can grant.
Disclaimer: This article explains general procedures under Texas law and is for educational purposes only. It does not provide legal advice. For advice about your specific situation, consult a licensed Texas attorney.