Detailed Answer
In Texas, any co-owner of real property may force a sale through a partition action under Chapter 23 of the Texas Property Code. The court first evaluates whether the land can divide fairly among co-owners. If a fair division proves impractical, the court orders a sale and divides the proceeds among the parties.
1. Partition Actions Under Texas Law
Chapter 23 of the Texas Property Code authorizes partition suits. Section 23.001 defines parties entitled to bring such suit, including joint tenants, tenants in common, and owners of life estates (Tex. Prop. Code § 23.001).
2. Filing the Petition
A co-owner files a petition in the county where the property lies. The petition must:
- Identify all co-owners and their interests.
- Describe the property.
- State whether partition in kind is practical or if a sale is necessary.
The court then issues citations to all parties. Defendants may answer and raise defenses, such as paid improvements or equitable liens.
3. Partition in Kind vs. Partition by Sale
Section 23.002 allows two outcomes:
- Partition in Kind: The court physically divides land when it can do so fairly without prejudice to any co-owner (Tex. Prop. Code § 23.002).
- Partition by Sale: If the court finds a fair physical division impractical, it orders a public sale. The highest bidder receives title under court order (Tex. Prop. Code § 23.003).
4. Conducting the Sale and Distributing Proceeds
Under Section 23.004, the sheriff or another officer conducts the sale after public notice. After deducting costs and any liens, the court distributes net proceeds proportionally based on each party’s ownership interest (Tex. Prop. Code § 23.004).
5. Common Defenses and Considerations
- Contributory Improvements: A co-owner may claim credit for improvements made to the property.
- Encumbrances: Mortgages, liens, and taxes may affect net proceeds.
- Equitable Division: The court may adjust shares for factors like unequal contributions.
Helpful Hints
- Gather deeds, title reports, and mortgage documents before filing.
- Hire a surveyor to assess whether a physical division makes sense.
- Consider mediation to avoid litigation costs.
- Account for appraisal fees, attorney’s fees, and court costs.
- Keep track of deadlines for filing answers and motions.
Disclaimer: This article provides general information under Texas law and does not constitute legal advice. Consult a licensed attorney to address your specific situation.