How to File a Partition Action in Texas When Some Co-Owners Won't Respond | Texas Partition Actions | FastCounsel
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TX Texas Partition Actions

How to File a Partition Action in Texas When Some Co-Owners Won't Respond

August 12, 2025 5 min read

Detailed Answer

Quick summary: In Texas, any co-owner of real property can ask a court to partition (divide or sell) jointly owned land. If some owners do not respond or cannot be located, you can still proceed by serving them by alternative methods (including publication) and asking the court to enter a default and move the case forward. The governing statute is Texas Property Code Chapter 23 (Partition and Sale of Real Property): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

What a partition action does

A partition action asks the court to either (1) divide the physical property among owners in proportion to their ownership shares (partition in kind) or (2) if physical division is impractical, order a sale and divide the sale proceeds among owners (partition by sale). The court may appoint commissioners to survey, value, and divide the property. See Texas Property Code, Ch. 23: §23.001 and related sections.

Typical step-by-step process (hypothetical facts)

Hypothetical: You and three siblings inherited a single tract of land. One sibling moved out of state and will not answer letters or calls. You want to force a sale and split the proceeds.

  1. Confirm ownership and shares. Gather deeds, the will or probate records, and title information to verify each owner and each owner’s fractional interest.
  2. Try amicable resolution first. Send a written demand explaining the proposed partition or sale and your preferred process. Offer mediation or negotiation. Courts favor settlement and parties who try to resolve the dispute first.
  3. Prepare and file a petition for partition. File in the district court for the county where the property lies (most Texas partition suits are filed in district court). The petition should identify all owners, describe the property, state each owner’s interest (if known), and ask for partition in kind or, if not practicable, partition by sale. The controlling statute is Chapter 23 of the Texas Property Code: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.
  4. Name and attempt service on every co-owner. You must make the co-owners parties to the suit. If an owner is within the state, serve them personally according to the Texas Rules of Civil Procedure. If an owner cannot be located after diligent effort, you may ask the court to allow service by alternative methods such as service by publication. The Texas Rules of Civil Procedure explain notice and publication procedures: https://www.txcourts.gov/rules-forms/rules-standards/texas-rules-of-civil-procedure/.
  5. When an owner does not answer. If a co-owner is properly served and fails to answer within the required time, you can request a default judgment and ask the court to proceed without that owner’s participation. If the owner was served by publication because they could not be found, the court may require additional proof of notice and may appoint a guardian ad litem to represent unknown or absent interests before allowing a partition or sale.
  6. Commissioners, valuation, and sale. If the court orders a partition, it often appoints commissioners to survey and divide the land or to prepare it for sale. For partition by sale, the court supervises the sale process and approves the sale terms and the division of proceeds among owners.
  7. Final accounting and distribution. After division or sale, the court signs a final judgment or order describing how the property was divided or how sale proceeds are distributed. That order is recorded to clear title going forward.

Handling non-responsive or unknown owners

If a co-owner does not respond, the court will require that you show you used reasonable efforts to find that person. Reasonable efforts commonly include certified mail to last-known addresses, phone calls, emails, hiring a process-server, checking public records, and using skip-tracing services. If those steps fail, you may ask the court to allow service by publication under the Texas Rules of Civil Procedure. The court may also require appointment of a guardian ad litem to protect the interests of missing or unknown parties before allowing a sale or division.

Practical considerations and timing

  • Filing and noticing procedures take time. Expect several months from filing to final order in straightforward cases; contested cases can take much longer.
  • Costs include filing fees, process-server fees, publication costs, appraiser and surveyor fees, and possibly commissioners’ fees. If the court orders a sale, auction or broker fees may apply.
  • If the property is part of an open probate, coordinate with the probate case. Sometimes probate court remedies or assignment of interests in probate simplify the process; other times a separate partition suit is needed.

Key legal references

When you should get help: If owners hide assets, disputes about ownership shares arise, title is unclear, or service-by-publication is needed, consult an attorney experienced in Texas real property and probate litigation. An attorney can prepare the petition properly, manage service and publication, represent you at hearings, and help protect your interest during the process.

Disclaimer: This article explains general Texas legal concepts and processes and is not legal advice. Laws change and every case differs; consult a qualified Texas attorney before taking action.

Helpful Hints

  • Collect all title documents, deeds, probate records, tax statements, and mailing addresses before filing.
  • Document your attempts to contact non-responsive owners (dates, methods, addresses). Courts look for good-faith effort before allowing service by publication.
  • Consider a written demand and a short deadline (e.g., 30 days) before filing to show you tried to resolve the issue outside court.
  • Use a licensed process server and keep affidavits of service; they are critical if a default is requested later.
  • Ask the court for a guardian ad litem if an owner is missing or incapacitated; courts often require one to protect absent interests.
  • Record a lis pendens (notice of pending action) on the property to warn purchasers and protect your claim while the partition case is pending.
  • Budget for appraisals, surveys, and publication costs—these add up quickly in partition suits.
  • Explore mediation before trial. Mediators often reach sale or buy-out agreements faster and cheaper than a court-supervised sale.

The information on this site is for general informational purposes only, may be outdated, and is not legal advice; do not rely on it without consulting your own attorney.