Posted: September 10, 2023
Category: Real Estate

Inheriting real estate with family members can create unexpected complications—especially when you don’t agree on what to do with the property. If you find yourself co-owning a home, land, or other real estate and want to sell while others want to keep it, Texas law gives you the right to force a sale through a partition action.

Here’s what that means, how it works, and what to expect if you’re involved in a dispute over inherited property.

🔍 What Is a Partition Action?

A partition action is a legal process that allows any co-owner of real property to ask the court to divide or sell the property. Under Texas Property Code Chapter 23, any person with an undivided interest in land—no matter how small—can file a partition lawsuit.

This is especially common in cases of inherited property when siblings, cousins, or extended relatives jointly own real estate but have no agreement on its use, upkeep, or sale.

⚖️ Two Types of Partition in Texas

  • Partition in Kind: The property is physically divided among the owners. This is more common with large tracts of land or rural property.
  • Partition by Sale: The court orders the entire property to be sold and divides the proceeds among the co-owners. This is the most common outcome for residential property or land that cannot be fairly divided.

👥 Who Can File for Partition?

Any co-owner of real estate can file a partition action, even if:

  • They only own a partial or minority interest
  • The property was inherited or gifted jointly
  • There is no written agreement in place

Texas law does not require permission from the other co-owners to file suit or seek a sale. If you inherited property with others and no one can agree, you have a legal right to pursue partition.

📅 What If the Property Is Still in the Deceased’s Name?

If title has not been formally transferred into the names of the heirs, you may need to go through probate or file an affidavit of heirship before initiating a partition action. Once legal title is clear, partition becomes an available remedy.

💵 What Happens to the Sale Proceeds?

After the court orders a sale, the property is typically sold at a public auction or via private sale under court supervision. The net proceeds are then divided among the owners according to their ownership percentage.

The court may also resolve issues like:

  • Reimbursements for taxes or maintenance paid by one owner
  • Improvements made to the property
  • Accounting for rental income or property use

🚫 Can a Partition Be Blocked?

Not easily. The right to partition is considered absolute in Texas. Courts may delay a sale or division temporarily for good cause, but ultimately, if one owner wants out, the court must provide a remedy.

Some exceptions may apply if the property is held in a trust, business entity, or subject to specific contractual limitations, but these are uncommon in inherited property scenarios.

🛠 Tips for Co-Owners Facing Disagreement

  • Keep detailed records of any money you’ve invested in the property
  • Try mediation or settlement discussions before filing suit
  • Understand your percentage of ownership and whether it’s properly recorded
  • Get legal advice before transferring or signing anything

🛡 How Guerra Days Law Group Can Help

We represent individuals and families across Texas in partition lawsuits, especially those involving inherited property. Our services include:

  • Filing partition actions and related probate proceedings
  • Negotiating buyouts or voluntary sales before litigation
  • Resolving claims for reimbursements and improvements
  • Guiding you through each step of the court process

We understand the family dynamics and emotional weight of these disputes—and we handle each case with care and strategy.

✅ Final Thoughts

If you co-own inherited property in Texas and can’t reach an agreement, a partition lawsuit may be your best (and only) option. Whether you want to keep your share or sell, you have legal rights worth protecting.

📞 Need Help Forcing the Sale of Shared Property?

Contact Guerra Days Law Group today for a consultation. We’ll help you navigate the partition process and protect your financial and property interests.