What to give your lawyer to start a partition case in Texas

Short answer: Gather everything that proves ownership, describes the property, shows financial activity tied to the property, documents agreements between co‑owners, and records communications about the property. Those materials let your attorney evaluate whether to seek partition in kind (divide the land) or partition by sale, preserve your rights, and prepare the court filing under Texas law. This page explains exactly what to collect and why.

Disclaimer

This is general information and not legal advice. For advice about your specific situation, consult a licensed Texas attorney.

How partition works in Texas (brief legal background)

A partition is a lawsuit one or more co‑owners (cotenants) file to divide real property or force its sale when co‑owners cannot agree. Texas law governs partition actions; see Texas Property Code, Chapter 23 (Partition) for the statutory rules and remedies. Your lawyer will use these statutes when advising you and preparing pleadings: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm

Core documents and information to provide your lawyer

Give your lawyer both originals (if available) and clear copies. Organize them by category and label dates and parties. The more complete the packet, the faster your lawyer can act.

1. Ownership and title documents

Deeds showing how you and the other co‑owners hold title (warranty deed, quitclaim deed, etc.).
Chain of title documents back to the last clear owner (copies of recorded deeds, deeds of trust, releases).
Current county deed records or parcel/assessor’s ID; legal description of the property (lot, block, survey, metes and bounds).
Title insurance policy, if any, and any title reports.

2. Mortgage, lien, and encumbrance information

Copies of mortgages, deeds of trust, releases, lien judgments, and mechanic’s liens affecting the property.
Account statements for any mortgages showing current outstanding balances.

3. Surveys, plats, and maps

Recent boundary or ALTA surveys, plats, subdivision maps, and any surveyor reports.
Site plans, floodplain maps, or environmental site assessments if you have them.

4. Leases, rental and occupancy records

All leases (residential, commercial, month‑to‑month) and addenda.
Records of rent received, security deposits, and tenant communications.

5. Financial records and proof of contributions

Receipts, canceled checks, bank statements, credit card records, and invoices for mortgage payments, taxes, insurance, utilities, repairs, and improvements paid by any co‑owner.
Receipts or contractor contracts for major improvements or repairs.

6. Communications and agreements between co‑owners

Any written co‑ownership agreements or partnership agreements describing rights, responsibilities, or buy‑out terms.
Emails, text messages, letters, or notes documenting agreements or disputes about the property or offers to buy out an owner.

7. Estate, probate, and trust documents (if applicable)

Wills, probate case numbers, letters testamentary, trust documents, and beneficiary designations if an owner inherited an interest.
Court orders appointing personal representatives or trustees.

8. Property tax, insurance, and HOA documents

Recent property tax statements and parcel ID numbers from the county appraisal district.
Homeowner’s or commercial insurance policies and claims history.
HOA declarations, covenants, conditions and restrictions (CC&Rs), bylaws, and recent communications from the association.

9. Appraisals, inspections, and value evidence

Any appraisals, broker price opinions, recent comparable sales data, and inspection reports.

10. Evidence of possession and use

Photos, utility bills, gate keys, proof of who has occupied the property and when.
Records of crops, leases for agricultural land, grazing agreements, or timeshares, if applicable.

11. Identity and contact information

Full legal names, mailing addresses, phone numbers, and email addresses for all co‑owners and any known heirs.
Contact information for tenants, lenders, contractors, and real estate brokers.

12. Prior legal filings and reports

Copies of any prior lawsuits, bankruptcy filings, foreclosure proceedings, or judgments involving the property.
Mediation or settlement agreements previously attempted.

Questions your lawyer will ask you

What outcome do you want: division of the land (partition in kind) or sale and division of proceeds (partition by sale)?
Are any co‑owners minors, incapacitated, deceased, or in bankruptcy?
Has any co‑owner paid more than their share of mortgage, taxes, or improvements and do you want contribution or credit for that?
Has anyone offered to buy out other owners?

What your lawyer will do after receiving the documents

Run a complete title search and confirm current ownership and encumbrances.
Assess whether partition in kind is feasible (physical division) or whether the court will likely order sale.
Prepare and file the petition for partition in the appropriate district or county court and serve the co‑owners.
Seek interim relief if needed (e.g., to preserve the property, stop a sale, or address rents and expenses).
Work with surveyors, appraisers, and commissioners the court may appoint to divide or sell the property.

Important Texas law reference

For the statutory framework governing partition actions, see Texas Property Code, Chapter 23 (Partition): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm

Helpful hints for clients (practical tips)

Start early: pull deeds and tax records now. County clerk and appraisal district websites can provide parcel numbers and recorded deed images.
Make digital copies: scan documents, label file names, and maintain a single organized folder (by category or date).
Get an up‑to‑date survey and appraisal if you can afford them; they speed case planning.
Keep all communications about the property in writing when possible so your attorney can use them as evidence.
Be transparent: disclose liens, bankruptcies, or prior agreements. Hidden facts can harm your position later.
Discuss costs: partition litigation can involve filing fees, service costs, survey and appraisal fees, and commissioner or auction costs. Ask about likely fees and whether mediation or buyout litigation alternatives make sense.
Consider alternatives: a negotiated buyout, sale by agreement, or mediation can be faster and cheaper than a court partition.

Typical timeline and expectations

Partition cases vary. Simple agreed sales can resolve in a few months. Contested partitions with title disputes, required surveys, or court‑ordered sales often take 9–18 months or longer. Your attorney can give a more accurate timeline after reviewing your documents.

Next steps

Collect the documents listed above and make organized copies.
Contact a Texas real property attorney and provide the documents for an initial review.
Discuss strategy, costs, and possible alternatives before filing.

If you want, list the documents you currently have and any known missing items. Your lawyer can tell you which pieces are essential to start the case and which can be obtained later.