Partition Actions in Texas | TX Legal Resources | FastCounsel

Texas: What Happens When Co-Owners Disagree and a Court-Appointed Commissioner Handles a Private Sale

Detailed Answer Short answer: In Texas, when co-owners cannot agree on dividing or selling real property, one co-owner can file a partition action. If the court finds partition in kind impractical, it can order a sale. The court may appoint a commissioner to conduct a private sale if that method is lawful and the court […]

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Forcing the Sale of an Inherited Parcel in Texas: How Partition Works and What to Expect

Disclaimer: This article is for general information only and is not legal advice. For help with your specific situation, consult a licensed Texas attorney. Detailed Answer If you and one or more relatives inherited a parcel of land in Texas and one family member refuses to list or sell that parcel, you generally have a […]

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Texas: Paperwork Needed To Prove House Expenses in a Partition Case

Detailed Answer When co‑owners divide real property in a Texas partition case, the court will review claims for money spent on the property (repairs, improvements, taxes, insurance, mortgage payments, utilities, etc.). To get credit for those expenditures, you must present organized, admissible evidence that the expense actually occurred and that you paid it. Below is […]

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Texas — Can You Deduct Mortgage, Property Taxes, and Carrying Costs from Sale Proceeds?

Disclaimer: I am not a lawyer. This article provides general information about Texas law and is not legal advice. For advice about your specific situation, consult a licensed Texas attorney. Short answer It depends on (1) who owns the property (community property vs. one person’s separate property), (2) whether a lender or tax lien must […]

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Texas: Requiring Mortgage Payoff Statements and Repair Receipts Before Dividing Sale Proceeds

Do you need documentation from a co-owner before proceeds from a real property sale are split? Short answer: Under Texas law, you cannot unilaterally withhold sale proceeds from a co-owner simply because they haven’t produced mortgage payoff statements or repair receipts. However, you can and should demand those documents, and you can use court processes […]

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Texas: Forcing the Sale of a Co-Owned House — Partition and Sale Options

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 […]

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Texas: How to File a Partition Action to Split Inherited Property When a Co-Owner Won’t Cooperate

How to proceed with a partition action in Texas when a co-owner won’t cooperate Disclaimer: This is general information, not legal advice. Laws change. Consult a licensed Texas attorney for guidance tailored to your situation. Short answer If you inherit real property in Texas and a co-owner refuses to agree to a sale or division, […]

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Texas: How to File a Partition Action to Force Sale or Seek a Buyout of a Parent’s House

Can I force the sale of my parents’ house or make my sibling buy my share in Texas? Short answer: Possibly — but it depends on who legally owns the house, whether the property is a homestead or subject to probate, and the type of ownership (tenants in common, joint tenancy, community property, etc.). If […]

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Texas: Can I Force Sale of Inherited Property If Heirs Refuse Mediation?

What Happens When Heirs Refuse Mediation or Won’t Sign Off on Selling Inherited Property? Detailed Answer This answer explains what you can do under Texas law if some co-owners or heirs refuse mediation or will not agree to sign documents to sell shared real property. It uses general, hypothetical facts to illustrate the usual steps […]

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How to Start a Partition Lawsuit to Divide Inherited Land in Texas

Understanding Partition Lawsuits for Shared Inherited Land in Texas Detailed answer: What a partition lawsuit does and how to start one in Texas This answer explains, in plain language, what a partition lawsuit is, when you can file one in Texas, and the practical steps to start and pursue the case. This is educational information […]

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