Real Estate Partitions in Texas

Understanding Property Partition

Co-owning real estate often leads to disagreements regarding how the property should be managed, utilized, or sold. Under Texas law, co-owners have the right to seek a legal remedy called partition, a process where the court either physically divides the property or orders its sale, with proceeds fairly distributed among all owners.

At Guerra Days Law Group, we provide experienced guidance through every step of the partition process, ensuring the protection of your rights and interests.

Situations Where Partition Is Needed

Partition may become necessary when:

  • Owners disagree on selling or maintaining the property.
  • There are disputes over financial responsibilities or contributions.
  • Multiple heirs inherit property and need equitable division.
  • Owners face continuous conflicts over property usage or management.
  • One or more co-owners wish to liquidate their ownership share.

Types of Partition Available in Texas

Texas law provides two primary partition methods:

1. Partition in Kind (Physical Division)

  • The property is divided physically among the co-owners.
  • Commonly applied to larger properties where such division is feasible.
  • Court-appointed commissioners assess and determine fair divisions.

2. Partition by Sale (Forced Sale)

  • Court mandates the sale of the property, distributing proceeds among owners.
  • Preferred when physical division is impractical or reduces property value.
  • The court oversees the sale, ensuring transparency and fairness.

The Partition Process Explained

  1. Initiating a Partition Lawsuit: One co-owner files a lawsuit to start the partition action.
  2. Court Evaluation: The court decides whether a physical division or a sale is appropriate.
  3. Commissioners’ Assessment: Neutral experts appointed by the court evaluate potential physical divisions.
  4. Court’s Final Decision: The court orders either the physical division or sale of the property.
  5. Implementation of the Decision: The property is divided or sold, and proceeds are distributed accordingly.

Special Considerations for Inherited Property

Texas law, particularly under Property Code § 23A, offers specific rules for properties inherited by multiple heirs. Courts consider:

  • Any heir currently using the property as their primary residence.
  • Emotional or historical value attached to the property.
  • Buyout possibilities, enabling heirs to retain ownership while fairly compensating others.

Why Choose Guerra Days Law Group?

Our attorneys at Guerra Days Law Group specialize in real estate partition actions, providing strategic representation designed to meet your unique circumstances. For personalized advice and legal solutions, contact our office today to discuss your partition case.