What Texas law allows when co-owners can’t agree about a shared house
Short answer: In Texas, a co-owner who cannot reach an agreement with the other co-owners can ask a court to partition the property. If the court finds physical division impractical, it can order a sale and divide the proceeds among the owners. See Texas Property Code, Chapter 23 on partition actions: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.
Detailed Answer — how a forced sale (partition) works in Texas
When two or more people own real property together (for example, three co-owners of a house), each owner generally has a legal right to seek a partition of the property. A partition is a court process that divides ownership so each co-owner receives their share, either by dividing the land (partition in kind) or by selling it and dividing the sale proceeds (partition by sale).
Who may file: Any co-owner may file a partition suit. This is true for tenants in common and typically for joint tenants as well. The court will determine the most practical remedy.
Where to file: File a civil suit for partition in the district court of the county where the property is located. The filing starts a formal lawsuit requiring notice to all owners and interested parties (lienholders, mortgagees).
What the court considers:
- Whether the property can be fairly and practically divided (partition in kind).
- Whether division would materially impair the value or be impracticable; if so, the court may order a sale and division of proceeds.
- Existing liens or mortgages, which may be satisfied out of sale proceeds.
- Each owner’s contributions (mortgage payments, taxes, improvements, rents) — the court can order accounting and credits or charges before dividing proceeds.
Who manages the process: The court often appoints commissioners or a referee to inspect the property, attempt division, recommend sale terms, and handle sale logistics. The court may also appoint a receiver to collect rents or protect the property during litigation.
Typical outcomes:
- Partition in kind — physical division if the court finds it practical and fair.
- Partition by sale — public or private sale ordered by the court if in-kind division is impracticable.
- Buyout — one co-owner purchases others’ interests, either before or during litigation, sometimes using the court’s valuation.
Costs, time, and practical considerations: Partition suits can take months to over a year, depending on complexity and court backlog. Court costs, attorneys’ fees, and commissioner/receiver fees reduce the net proceeds. If there is a mortgage, the lender’s lien remains attached until satisfied from the sale proceeds.
How to prepare before filing (or responding)
- Collect essential documents: deed(s), title report, mortgage statements, tax bills, proof of payments, HOA documents, and insurance information.
- Get a valuation: obtain a professional appraisal to understand market value and support settlement talks or court valuation.
- Track contributions: compile records showing who paid mortgage, taxes, insurance, utilities, maintenance, and improvements.
- Notify interested parties: identify lienholders and tenants so the court can give proper notice during a partition action.
Alternatives to a court-ordered sale
- Negotiate a voluntary buyout with a fair market appraisal.
- Use mediation to reach an agreement dividing proceeds or responsibilities.
- Agree to sell the house on the open market and split net proceeds per ownership shares.
- Refinance or obtain new financing to let one co-owner buy out the others.
Relevant Texas law
The statutory framework for partition actions appears in the Texas Property Code, Chapter 23. You can read the full chapter here: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm. That chapter explains the court’s authority to partition, appoint commissioners, handle sales, and distribute proceeds.
Practical next steps
- Try a negotiated solution first: talk with the co-owners, propose a buyout or sale, and consider mediation.
- Get a written appraisal to know the value and support offers.
- Consult a Texas real estate attorney for advice about filing for partition, possible costs, and local court procedures.
- If you proceed with court, be prepared to ask for an accounting of expenses, a fair division or sale, and resolution of any liens.
Helpful Hints
- Start by documenting everything: payments, communications, and improvements. Records matter in court and settlement talks.
- Get an appraisal before making offers or filing suit so you know where you stand financially.
- Consider mediation — courts often look more favorably on parties who try to resolve disputes without litigation.
- Ask the court for a receiver if the property is being mismanaged or occupants are withholding rents or causing damage.
- Remember liens and mortgages will be paid out of sale proceeds in order of priority; net proceeds are what co-owners share.
- Weigh costs — if the house value is low and legal costs are high, a negotiated sale may give higher net recovery than a contested partition suit.
Disclaimer: This article explains general Texas law and common practice about partition and forced sale of co-owned property. It is educational only and is not legal advice. For advice tailored to your situation, consult a licensed Texas attorney.