Partition Actions in Texas | TX Legal Resources | FastCounsel

Texas: What Information and Documents to Provide Your Lawyer to Start a Partition Case

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 […]

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How to Divide or Force the Sale of Co‑Owned Farmland in Texas

Detailed Answer Short answer: Under Texas law, co‑owners of farmland who cannot agree on use or disposition can force a division or sale by filing a partition action in court. Texas favors dividing the land physically (partition in kind) if practicable. If physical division is impractical or unfair, the court can order a sale and […]

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How can I get my share of the net proceeds after the partition sale of a co-owned house? (TX)

Detailed Answer: How to get your share of the net proceeds after a partition sale in Texas Short answer: After a Texas court orders a partition sale, the court or its appointed officer (commissioner/receiver/sheriff) sells the property, pays sale costs and any secured liens, and then the remaining money (the net proceeds) is distributed to […]

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What are my options for avoiding a costly court-ordered partition in Texas (TX) while still getting paid my full share?

Detailed Answer — How co-owners in Texas can avoid a court-ordered partition and still receive full value for their share When co-owners disagree about ownership of real property, a court can order a partition. In Texas a judicial partition can be either a division of the land (partition in kind) or a sale of the […]

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How will the sale proceeds be divided among co-owners after a partition in Texas (TX)?

Detailed Answer This FAQ explains how sale proceeds get divided after a court-ordered partition sale of real property in Texas. This is an educational overview only and not legal advice. For statute language on partition procedure in Texas, see the Texas Property Code, Chapter 23: Texas Property Code, Chapter 23. 1. Who owns what: determining […]

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How can I file a partition-for-sale suit in Texas (TX) when a minority of the siblings won’t agree to sell our inherited land?

Detailed Answer Short answer: In Texas a co-owner can force a sale of real property through a court-administered partition-for-sale action when the property cannot be fairly divided among owners. You (or another co-owner) start the process by filing a petition for partition in the county where the land is located. The court will try to […]

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Who should be listed as petitioners on a partition lawsuit? (TX)

Detailed Answer If you are thinking about filing a partition lawsuit in Texas, the petitioners should be the people (or entities) who hold a present ownership interest in the property and who are asking the court to divide or sell the property. In plain language: whoever owns a share of the property and wants the […]

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What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? — TX

Detailed answer — Forcing sale of jointly owned land after mediation fails (Texas) This FAQ explains what typically happens in Texas when mediation doesn’t resolve a dispute over jointly owned land and you decide to file a partition action to force a sale. This plain-language guide covers who can file, where you file, the court […]

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How can I negotiate a fair buyout of my interest in the family land when my co-owner is offering much less than the appraised value? — TX

Detailed Answer — How to get a fair buyout of your interest in family land in Texas This guide explains practical steps you can take if a co-owner offers much less than the appraised value for your share of family land. It covers valuation, negotiation strategies, legal remedies in Texas, and when to involve professionals. […]

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How do co-owners initiate a partition action to divide or sell shared real property in TX?

Detailed Answer This section explains how co-owners in Texas can force a division or sale of jointly owned real property through a court-ordered partition. The information below outlines common steps, legal standards under Texas law, and practical considerations. This is educational information and not legal advice. Who can seek partition in Texas? Any person who […]

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