Partition Sale of Co-Owned Real Property in Texas — FAQ-Style Guide

Disclaimer: This is general information, not legal advice. I am not a lawyer. For help tailored to your situation, speak with a Texas real estate or probate attorney.

Detailed Answer

Quick overview

If you and a sibling inherited your late father’s house and you own it together as co-owners (commonly as tenants in common), one co-owner may ask a court to divide the property or force a sale when you cannot agree. In Texas, that process is called a partition action. The court can order either a physical division of the land (partition in kind) or a sale and division of proceeds (partition by sale) when division in kind is impractical or unfair. The statutory framework for partition actions in Texas is in the Texas Property Code (Chapter 23). See Texas Property Code, Chapter 23: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm

Who can file a partition suit?

Any cotenant (co-owner) of real property may sue for partition. That includes heirs who received title to the property after your father’s death. If the property is still in probate or title is not fully resolved, the status of the estate can affect timing and available remedies — talk to a probate attorney if the estate is open.

Which court handles a partition suit?

Partition suits are usually filed in a district court in the county where the property sits. The plaintiff files a petition asking the court to divide the parcel or order its sale, naming all co-owners and any parties with recorded interests (e.g., lienholders).

Typical step-by-step process

Try to resolve it first: Offer to buy your sibling out, propose a broker sale and split, or use mediation. Courts like to see parties attempt settlement.
Demand and notice: If negotiation fails, send a written demand or file the suit. The defendant co-owner must be served with process.
Pleadings and discovery: File a petition that describes the property, ownership shares, and requested relief (partition in kind or partition by sale). The parties exchange documents and may obtain appraisals.
Commissioners or properties division: Texas courts often appoint commissioners to examine and attempt to divide the land fairly. If the land cannot be divided without prejudice, the court will order a sale.
Sale and distribution: If the court orders a sale, it will set terms. The property is sold—often at public auction or by a court-approved sales process—and after costs, liens, and expenses, net proceeds are divided according to ownership shares.

When will the court order a sale instead of dividing the property?

The court prefers dividing real estate in kind when division is practical and fair. But if physical division would materially lessen value, is impracticable, or would be inequitable, the court can order a sale and split proceeds. For example, a single-family house on one lot usually cannot be usefully divided between two co-owners, so a sale is common.

Common complications to watch for

Homestead and survivor rights: If the property was your father’s homestead and a surviving spouse or minor children have homestead or family allowances, those rights can affect whether or how the house may be sold. Texas has strong homestead protections — check with counsel if a surviving spouse or minors are involved.
Probate or title issues: If the estate has not been properly probated and title not transferred, you may first need to resolve probate matters before an effective partition of real property.
Liens, mortgages, tax debts: Liens attach to property and must be paid or addressed in the partition sale process. A mortgageholder may have foreclosure rights that complicate the timeline.
Credit for improvements and contributions: The court can consider equitable credits or liens for a co-owner who paid taxes, made improvements, or otherwise contributed to the property’s value.

Costs, timeline, and practical expectations

Partition actions can take several months to over a year, depending on the complexity (title problems, number of parties, need for appraisals). Expect court filing fees, appraisal costs, commissioners’ fees, and attorney fees. The court may award costs or attorney’s fees to prevailing parties in some situations, but not always.

Hypothetical example

Two siblings inherit a house as tenants in common. Sibling A wants to sell; Sibling B wants to keep it. Sibling A offers to buy B’s share but B refuses. Sibling A files a partition suit in the district court of the county where the property sits, asks for a partition in kind or, if not practical, a sale. The court appoints commissioners, finds the house cannot be fairly divided, orders a sale, and divides proceeds after expenses and any liens according to each sibling’s ownership percentage.

When to call an attorney

Hire a Texas attorney if you face any of the following: the property is homestead or the estate is in probate, there are mortgages or liens, co-owners are uncooperative, or you need help filing the partition suit. An attorney can evaluate whether a buyout, negotiated sale, or court partition is most cost-effective for your situation.

Helpful Hints

Before filing suit, send a clear written offer to buy out the other co-owner or propose a mediated sale split—courts like to know you tried to settle.
Check title records and any recorded liens at the county clerk’s or county real property records office; unresolved liens complicate partition sales.
Confirm whether the property was a homestead at the time of your father’s death. If so, surviving spouse/children’s rights can prevent or delay sale.
Get a current appraisal to support fair division or sale price arguments in court.
Document contributions: keep receipts for taxes, mortgage payments, insurance, and improvements—these may affect how the court allocates proceeds or credits.
Consider mediation early. A mediator can often produce a faster, cheaper resolution than litigation.
If you want to keep the home, be prepared to prove you can buy out the other owner’s share (loan pre-approval or proof of funds helps).
Ask your attorney about temporary relief—if a co-owner is damaging the property or preventing access, the court can order protections.

Primary statutory reference: Texas Property Code, Chapter 23 (Partition) — https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm

Next practical steps: collect title documents, an appraisal, and any probate records; try a mediated solution; if that fails, consult a Texas real estate attorney to discuss filing a partition action in the district court where the property is located.