How to Start a Partition Lawsuit to Divide Inherited Land in Texas

Detailed answer: What a partition lawsuit does and how to start one in Texas

This answer explains, in plain language, what a partition lawsuit is, when you can file one in Texas, and the practical steps to start and pursue the case. This is educational information only and not legal advice; consult a licensed Texas attorney for specific guidance about your situation.

When several people own the same piece of real property (for example, heirs who inherited land together), any co-owner may ask a Texas court to divide the property so each owner gets a fair share. That court process is called a partition action. Texas law that governs partition actions for real property is found in the Texas Property Code, Chapter 23. You can read the chapter here: Texas Property Code, Chapter 23 (Partition of Real Property).

Key principles

• Who can sue: Any owner (tenant in common) of real property can sue for partition. If the land is still legally part of an estate, beneficiaries and the personal representative may have related responsibilities—talk to a probate attorney if probate is open.
• How the court divides property: The court can divide the property physically (partition in kind) or order a sale and divide the proceeds (partition by sale). Texas courts generally prefer a partition in kind when it is practical and fair; if physical division is impractical or would unfairly reduce value, the court may order a sale instead. See the Texas Property Code chapter on partition: PR Ch. 23.
• Who must be joined: All owners and parties with recorded interests (liens, mortgages) should be included or notified so the court can settle everyone’s rights.

Step-by-step: How to start a partition lawsuit in Texas

1. Confirm ownership and liens. Gather deeds, title records, the will or probate documents, and any records of mortgages, tax liens, or other encumbrances. You need to know exactly who holds legal title and whether the property is already in probate.
2. Try to resolve the matter without litigation. Offer a buyout, ask for voluntary division, or propose mediation. Courts and buyers often prefer an agreement because it saves time and costs.
3. Decide the relief you want. You can ask the court for partition in kind (physical division) or a sale and distribution of proceeds. If you want a sale, explain why division is impractical or unfair.
4. Hire a Texas real property attorney or consult one. A lawyer experienced in partition and title issues can prepare the petition, identify necessary parties, obtain accurate legal descriptions and surveys, and represent you at hearings. If you cannot afford an attorney, some counties have legal aid or self-help resources.
5. File a petition in the proper court. Partition actions are usually filed in the district court in the county where the land is located. The petition names all co-owners and any recorded lienholders, describes the property, states your ownership share, and requests partition in kind or sale. Your attorney will file under the procedures in the Texas Rules of Civil Procedure and Texas law (see Property Code, Chapter 23).
6. Serve all interested parties. The court requires formal notice to all co-owners and lienholders. If some parties cannot be located, the court may allow substituted service or published notice under the civil procedure rules.
7. Appraisals, surveys, and appointment of commissioners. The court commonly orders appraisals and may appoint commissioners to divide the land physically or to manage a sale. Expect costs for surveys, appraisals, and commissioners’ fees to be charged to the estate of the property and later allocated among the owners.
8. Hearings and the court’s order. If the parties do not agree, the court will hold hearings and decide whether to divide the property or order a sale. The court’s order will direct how title or sale proceeds are distributed among owners, often after paying liens and expenses.

Practical considerations

Costs: Filing fees, attorney fees, appraisals, surveys, commissioners, and any advertising for sale. Time: Partition suits can take several months to more than a year, depending on complexity and disputes. Taxes and mortgage payments continue to matter during the process. If one owner has contributed more to taxes, insurance, or improvements, the court may account for that when distributing proceeds.

If the property is a family homestead or has special protections, or if any co-owner is a minor or incapacitated, additional legal rules or court supervision may apply. If the property remains in probate, coordinate partition actions with the probate process; a probate court may need to authorize actions by the personal representative.

Where to find the law and forms

Texas statutes on partition: Texas Property Code, Chapter 23. For related probate rules, see the Texas Estates Code on the Texas statutes website: Texas Estates Code. For court procedures, check the Texas Rules of Civil Procedure available on the Texas Judicial Branch or the statutes site.

Helpful Hints

• Start by confirming chain of title at the county clerk or via an online title search. Accurate ownership info is essential.
• Collect evidence showing each party’s contribution to taxes, mortgage payments, or improvements—this affects settlement and court allocations.
• Consider mediation before filing. A mediated buyout or deed transfer is usually faster and cheaper than litigation.
• If you want the land physically divided, get a survey and preliminary appraisal early—division may not be physically possible without damaging value.
• Include lienholders (mortgagees, tax authorities) in the case. Their rights survive a partition and must be addressed in the court order.
• Be realistic about costs and timing. Courts award partition relief but rarely control the sale price of land; parties should plan for market uncertainty and legal fees.
• If the property is still in probate, ask the probate court whether partition should wait until probate closes or whether the personal representative should handle the sale.
• Use a local attorney familiar with real property and partition practice in the county where the land lies; local courts have procedural nuances.

Important disclaimer: This article provides general information about Texas law and does not create an attorney-client relationship. It is not legal advice. For advice tailored to your situation, consult a licensed attorney in Texas.