Detailed Answer
Short answer: In Texas a co-owner can force a sale of real property through a court-administered partition-for-sale action when the property cannot be fairly divided among owners. You (or another co-owner) start the process by filing a petition for partition in the county where the land is located. The court will try to divide the property in kind when practicable; if division would be impractical or would cause prejudice to the owners, the court can order sale and divide the proceeds among owners according to their ownership shares. The process and the court’s powers are set out in the Texas Property Code, Chapter 23. See the statute overview: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm
Who may file and where to file
Any co-owner of real estate—this includes heirs who inherited title, joint tenants, tenants in common, or other recorded owners—may file a petition for partition in the district or county court in the county where the property is located. The petition must identify the property, describe each owner’s interest as you know it, and request partition (either in kind or by sale).
Basic statutory authority
Statutory authority for partition actions is found in the Texas Property Code, Chapter 23. That chapter explains who may bring an action, how the court may partition property, and the court’s powers to appoint commissioners and order sale when division in kind is not practical. See Texas Property Code, Ch. 23: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm
Typical steps in a partition-for-sale case
- Prepare and file the petition. The petition identifies the property, lists all known owners (siblings and others), states each owner’s claimed interest, and asks the court to partition the property — either in kind or by sale. If you want sale, ask the court to order partition by sale if division in kind is impracticable.
- Serve all interested parties. The court will require that all co-owners and other persons with an interest (liens, mortgages, purchasers, minors’ guardians if applicable) be served with notice so they can appear and assert claims.
- Preliminary hearing and title inquiries. The court may hold a hearing to determine parties, claims, and whether the property can be physically divided. The judge may require evidence of ownership, outstanding liens, and valuations.
- Appointment of commissioners. If needed, the court appoints commissioners (or a special master) to examine the property, report whether a partition in kind is feasible, and recommend methods of sale if not. The court can also order surveys, appraisals, and title searches.
- Partition in kind vs. partition by sale. Texas courts prefer division in kind when it is fair and practical. If division in kind would materially prejudice the owners or is impractical (e.g., a single-family tract impossible to subdivide without destroying value), the court can order a sale and direct how proceeds will be distributed among owners according to their ownership shares.
- Sale procedures and distribution. If the court orders sale, it will specify the method (commissioner’s sale, public auction, or other authorized sale procedure), notice requirements, and how proceeds pay liens and costs before distribution to owners. The court’s order will control the timetable and distribution plan.
What to expect on costs, liens, and share distribution
The court generally requires that sale costs, court costs, and taxes be paid from sale proceeds before distributing the remainder. Liens and mortgages attach to the property and are typically paid out of sale proceeds so purchasers do not take property subject to undisclosed liens. Net proceeds are allocated according to each owner’s proportionate interest unless the parties have a different agreement or the court orders otherwise.
Practical options before and during the lawsuit
- Attempt negotiation or mediation first. A buyout (one or more siblings buying out others at an agreed value) often saves time and money.
- Request a court-ordered appraisal early. An objective appraisal supports fair buyout offers or sale reserve prices.
- Consider partition in kind: sometimes a creative physical division or allocation of parcels, easements, or lot swaps will satisfy owners and avoid sale.
- If you want sale, ask the court to appoint a commissioner and set sale terms, and make sure you know how liens and taxes will be treated.
How minority owners can block a voluntary sale but cannot always prevent a forced sale
One or more co-owners may refuse to consent to a voluntary sale, but consent is not required to file a court partition action. If the court determines division in kind is impractical or prejudicial, it may order a forced sale over the objection of minority owners. A minority owner can litigate the type of partition (in kind versus sale) and seek to show that division in kind is feasible—however, the court decides based on the property facts, valuations, and reports from commissioners or appraisers.
When to hire an attorney
Partition actions involve title issues, lien priority, valuation disputes, service of process on unknown heirs, and potential complicated procedures (commissioners, sales, upset bids, exemptions for homestead or mineral interests). If ownership shares are contested, title is unclear, or significant liens or mineral interests exist, consult a Texas real property attorney to prepare pleadings, protect your share, and navigate the court process.
Where to read the law
The Texas Property Code’s chapter on partition is the primary statutory source; read it here: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm
Helpful Hints
- Gather title documents: deed(s), wills, death certificates, and any probate records showing how ownership passed to heirs.
- Identify all parties: list every heir, mortgage holder, or lienholder and their contact information if possible.
- Get a recent professional appraisal and a property survey—these help the court and support settlement talks or buyout offers.
- Consider mediation before filing suit—courts often encourage settlement and mediation can save substantial costs.
- If you prefer sale, ask the court for a commissioner and clear sale instructions (reserve price, advertising, and distribution of proceeds).
- Check for homestead or mineral rights that may affect partition or sale; these issues can complicate the process.
- Expect timeline and costs: partition actions can take months to over a year depending on disputes, appraisals, surveys, and title problems.
- Keep records of improvements, expenses, and payments related to the property; these can affect distribution and credit among owners.
Disclaimer: This article explains general Texas law and practical steps for filing a partition action. It is for informational purposes only and does not constitute legal advice. For advice about your specific situation, consult a licensed Texas attorney.