FAQ: Forcing a Sale or Division of Land Owned with Siblings and Their Children in Texas

Short answer

If you and your siblings (and their children who inherited or hold title) own the same parcel of land and you cannot agree on use or sale, any co-owner can ask a Texas court to partition the property. The court can order a physical division (partition in kind) if the land can be fairly divided, or order a sale and divide the proceeds (partition by sale) if a fair physical division is not feasible. The procedure and authority for this are set out in the Texas Property Code, Chapter 23 (Tex. Prop. Code Ch. 23).

Detailed answer — how partition works in Texas

1. Who can ask for partition?

Any person who owns an undivided interest in real property (for example, tenants in common) may file a partition action. That typically includes co-owners named on the deed. If some interests passed to the next generation, the heirs or grantees holding title shares can also seek partition.

2. Types of partition a court can order

• Partition in kind (physical division): The court divides the land into separate parcels so each co-owner receives a portion corresponding to their share. This is preferred when it is practical and fair.
• Partition by sale: If a physical division is impractical or would substantially reduce value, the court may order the property sold and distribute proceeds according to ownership interests.

3. How the process begins

1. File a petition for partition in the district court (or county court at law if authorized) where the land lies. The petition names all co-owners and asks the court to divide or sell the property.
2. The court serves the other co-owners. They may consent, contest, or propose alternatives (buyout, buy-sell agreement, etc.).
3. If the court orders partition in kind, it appoints commissioners to work out boundaries. If it orders sale, it sets terms for the sale (often a public auction) and proceeds distribution.

4. What the court will consider

The court weighs whether a fair physical division is possible without materially impairing value. Factors include parcel size and shape, improvements, access (roads, utilities), zoning, and whether dividing would leave awkward or unusable remnants. If division harms value or fairness, the court usually orders sale.

5. Accounting and adjustments

The court will settle liens, mortgages, taxes, and encumbrances against the property. It can credit co-owners for contributions (repairs, taxes, mortgage payments) and charge for waste or wrongful occupation. The net sale proceeds are divided according to ownership shares after these adjustments.

6. Costs, timeline, and practical outcomes

Partition suits take months to years depending on disputes, title issues, and court calendars. Court costs, attorneys’ fees (only sometimes awarded), appraisal fees, and commissions reduce net proceeds. If heirs or titleholders disagree, litigation costs can consume a significant portion of the property’s value. In many cases, negotiation or buyouts save money and time.

7. Deed language and ownership type

Whether you are tenants in common, joint tenants, or hold community property affects rights. Most sibling ownerships are tenants in common, which permits partition. If the deed contains a right-of-survivorship clause or unusual restrictions, those provisions can change who can demand partition. Confirm title type before filing.

8. Alternatives to court partition

• Negotiate a buyout where one or more siblings buy out others at a mutually agreed price.
• Sell the property by agreement and split net proceeds.
• Use mediation to resolve disputes (often cheaper than litigation).
• Create a formal co-ownership agreement covering management, sale triggers, and buy-sell terms.

9. Where the law says this (statute)

The statutory authority for partition in Texas appears in Texas Property Code, Chapter 23. See the full chapter here: Tex. Prop. Code Ch. 23. That chapter explains petitions for partition, commissioner appointments, sales, and distribution of proceeds.

Practical step-by-step checklist

1. Obtain a certified copy of the current deed(s) and a title or ownership report showing all owners and encumbrances.
2. Talk to your co-owners: propose sale, buyout, or division. Put proposals in writing.
3. If negotiations fail, consult a Texas real property attorney about filing a partition suit. An attorney can evaluate title issues, likely outcomes, and costs.
4. Consider mediation before filing; many courts will encourage or order it.
5. If you file suit, be prepared to provide evidence of ownership, expenses you paid, and valuations (appraisals).
6. After a court order, follow the court’s directions for appraisal, division, or sale and distribution of proceeds.

Helpful hints

• Get a title search early. Unknown liens or incorrect deeds can derail or delay partition and sale.
• Obtain at least two independent appraisals if you expect the court to consider partition in kind versus sale.
• Document payments you made for taxes, mortgage, or repairs—these can produce credits in the final accounting.
• Keep communication civil. Courts view reasonable settlement efforts favorably; settlement often saves the most money.
• Check whether any owners are minors, incapacitated, or unreachable—special procedures apply and can complicate the case.
• If you suspect waste, trespass, or unauthorized leasing by a co-owner, document it and tell your attorney—courts may award damages or offset proceeds.
• Consider the tax consequences of selling property and distributing proceeds. Speak with a tax advisor about capital gains or basis adjustments.

When to talk to an attorney

Talk to a Texas real property attorney if you face complex title issues, unresolved liens, contested ownership shares, or family opposition. An attorney can advise whether to pursue a negotiated buyout, mediation, or a partition action and can draft and file the necessary pleadings.

Disclaimer: This article explains general principles of Texas property law and is for educational purposes only. It does not constitute legal advice. For advice about your specific situation, consult a licensed Texas attorney.