Detailed Answer
If multiple relatives jointly own real property and cannot agree on its use or sale, Texas law allows any co-owner to file a petition for partition. The process follows Chapter 23 of the Texas Property Code (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm). Below are the key steps to prepare and file a partition petition in district court.
1. Verify Co-Ownership and Title Interests
Begin by conducting a title search to confirm all current owners and their ownership percentages. Review deeds, wills, and trusts to identify the chain of title and any liens or encumbrances.
2. Evaluate Partition Options
Under Texas Property Code §23.001 (https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm#23.001), co-owners can seek either:
- Partition in kind (dividing the land into separate parcels), or
- Partition by sale (selling the property and dividing proceeds).
Court preference favors partition in kind if it is equitable and practical. Otherwise, the court will order a sale.
3. Draft the Original Petition
Prepare a written petition that includes:
- Legal description of the property.
- Names and addresses of all co-owners (Tex. Prop. Code §23.002).
- Type of partition relief requested (in kind or by sale).
- Allegations of irreconcilable differences preventing voluntary partition.
- Prayer for appointment of commissioners to divide or sell the land.
4. File in the Proper District Court
Partition suits must be filed in the district court of the county where the property lies. Pay the filing fee and submit the petition and any required civil case information sheet. The clerk will assign a cause number.
5. Serve All Co-Owners
Serve each co-owner with citation and a copy of the petition following the Texas Rules of Civil Procedure. Proper service ensures they receive notice and can respond.
6. Commission Appointment and Survey
After a hearing, the court appoints three independent commissioners. They may:
- Survey and assess the property.
- Propose an in-kind division or determine fair market value for sale.
7. Review Commissioners’ Report
The commissioners file a written report. Co-owners may object within the time allowed. The court then confirms the report.
8. Final Judgment and Distribution
The court enters a final decree ordering either:
- Deed transfers for each co-owner (partition in kind), or
- Sale of the property with net proceeds distributed according to ownership shares.
Record the decree and deeds in the county deed records to enforce the division or sale.
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation.
Helpful Hints
- Keep all co-owner contact information up to date to avoid service issues.
- Gather recent property surveys and title documents before drafting your petition.
- Consider a pre-filing mediation to explore voluntary agreements.
- Prepare for court-appointed survey costs, which may be split among co-owners.
- Track deadlines closely—missing an objection period may waive your right to challenge the commissioners’ report.