Detailed Answer
If you inherit real property in Texas and another heir who has an ownership interest continues to live on the property and refuses to move or to agree to sell, you have several legal options — but you usually cannot forcibly remove a co‑owner without a court order.
Who has legal rights depends on title. If the person living in the house is a co‑owner (for example, an heir who received a share through probate or a deed), that person generally has a right to occupy the property as a co‑owner. If the occupant has no legal ownership (no deed, no will/probate transfer), you may be able to pursue an eviction (forcible detainer) in the justice court.
When the occupant is a co‑owner, the usual remedy is a partition action under Texas law. Texas law allows any co‑owner of real property to bring a partition suit asking the court either to divide the property physically (partition in kind) or, if physical division is not practicable or would prejudice the owners, to order a sale of the property and divide the proceeds among the owners according to their ownership shares. See Texas Property Code, Partition of Real Property: Tex. Prop. Code Ch. 23.
Typical steps and outcomes in Texas:
- Confirm ownership and shares. Obtain copies of the deed, probate records or any instrument that shows each person’s ownership percentage.
- Negotiate a buyout or sale. Many disputes resolve when one owner buys the other’s interest or all owners agree to list the property and split proceeds.
- Mediation or settlement. Courts often encourage settlement or mediation to avoid litigation costs.
- File a partition suit if negotiations fail. A co‑owner can file a partition action in the appropriate Texas court. The court will determine whether partition in kind is feasible. If not, it will order a sale and divide the net proceeds by ownership interest.
- Court procedures and compensation. The court can appoint a commissioner to sell the property at public auction or by other court‑approved sale procedures. The court can also account for contributions to mortgage payments, taxes, repairs, improvements, and rents when dividing proceeds, so owners who paid more may receive credit.
- If the occupant is not an owner. If the person living in the property has no legal interest, you may be able to file a forcible detainer (eviction) action in the justice court. Contact local justice court resources or an attorney for the correct procedure and forms.
Practical considerations:
- Partition suits cost time and money. Expect attorney fees, court costs, and delays. Courts will balance equities when deciding between in‑kind partition and sale.
- If the property qualifies as a homestead or if a surviving spouse claims homestead rights, extra legal protections may apply and can complicate partition — you should raise these issues early with counsel.
- A court sale generally divides net proceeds after paying liens, taxes, sale costs, and any credits the court orders.
Example (hypothetical): Two siblings inherit a house as tenants in common (50/50 share). One sibling lives in the house and refuses to move or to buy out the other. The non‑occupying sibling may first offer a buyout or mediation. If that fails, the sibling can file a partition suit under Tex. Prop. Code Ch. 23. If the court finds the home cannot be fairly divided, it may order a sale and allocate the net proceeds 50/50, after credits for mortgage payments and necessary repairs paid by either sibling.
Where to find the statute: read Texas Property Code, Chapter 23 (Partition of Real Property) for the statutory authority and procedures: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.
Next practical steps
- Gather title documents (deed, probate order, will), mortgage and tax statements, and evidence of payments or improvements.
- Try to negotiate or mediate a buyout or sale between owners before filing suit.
- If talks fail, consult a Texas probate or real estate attorney about filing a partition action and about any homestead or survivorship issues that might apply.
Disclaimer: This article explains typical legal options under Texas law and is for general informational purposes only. It is not legal advice. For legal advice tailored to your situation, consult a licensed attorney in Texas.
Helpful Hints
- Confirm legal ownership first: check the deed and probate paperwork before taking any action.
- Keep written records: document rent paid, mortgage payments, repairs, and all communications with the occupying heir.
- Offer a formal buyout: a clear written buyout offer, with proposed price and timeline, often resolves disputes faster and cheaper than litigation.
- Consider mediation: courts and attorneys often recommend mediation to avoid expensive partition litigation.
- Prepare for costs and time: partition suits can take months and involve court costs and attorney fees.
- Watch for homestead claims: homestead or spousal rights can block or change partition outcomes; raise those issues early.
- If the occupant has no ownership, check justice court procedures for forcible detainer (eviction) and act promptly — jurisdiction and notice rules matter.
- Hire a local Texas attorney experienced in probate or real estate partition if you anticipate litigation.