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 you are a co‑owner, Texas law allows a co‑owner to file a partition action asking the court to divide or sell the property and distribute proceeds. The process has steps, costs, and exceptions.

Disclaimer

This article explains how partition actions generally work under Texas law. It is educational information only and not legal advice. For advice about your specific situation, consult a Texas real estate or probate attorney.

Overview — What a partition action is

A partition action is a lawsuit filed by one or more co‑owners of real property asking the court to divide the property so each owner can have their fair share. If physical division (a partition in kind) is not practical, the court can order a partition by sale and divide the sale proceeds. Texas law governing partition actions appears in the Texas Property Code, Chapter 23 (Partition of Property): Tex. Prop. Code Ch. 23.

Who can file a partition action in Texas?

Typically a person named on the deed as an owner (a co‑owner) can file. Common situations:

• If the house is titled in the parents’ names and the parents are alive, children who are not on title have no ownership rights and cannot force a partition.
• If the parents are deceased and the children inherited the property (or are listed as owners on title), any co‑owner may usually file to partition.
• If the title shows joint tenancy with right of survivorship, or if the property passed via a transfer-on-death deed or beneficiary designation, there may be no co‑ownership to partition.
• Homestead rights, a surviving spouse’s rights, or probate claims can limit or block partition — an attorney can help determine whether such protections apply.

Basic steps to file a partition action in Texas

1. Confirm ownership and title. Pull a copy of the deed and run a title search (through the county clerk’s records or a title company). Verify whether the property is owned as tenants in common, joint tenancy, or in someone else’s name. If the parents’ estate is open in probate, determine whether the property is part of the estate.
2. Try negotiation or mediation first. Courts encourage co‑owners to reach an agreement. Offer a buyout, propose a sale, or suggest a timeline. A written buyout offer and an independent appraisal help negotiations.
3. Prepare and file the petition. If negotiation fails, the co‑owner files a petition for partition in the district court or county court at law in the county where the property sits. The petition should identify the property, list all owners and their claimed interests, and state the relief requested (partition in kind or by sale, appointment of commissioners, or a buyout by a co‑owner).
4. Serve all interested parties. The petition must be served on every known co‑owner and any lienholders or parties with recorded interests.
5. Court hearing and potential appointment of commissioners. The court will set hearings. If a partition is ordered, the court may appoint commissioners to divide the land or to oversee a sale, value the property, and make distribution recommendations. See Texas Property Code, Chapter 23: Tex. Prop. Code Ch. 23.
6. Partition in kind or sale. If physical division is feasible without harm to owners’ interests, the court may divide the property. More commonly with a single dwelling lot, the court orders a sale and divides the proceeds by ownership shares.
7. Buyout option. A court can allow a co‑owner to buy the others’ interests instead of sale. You can also negotiate a buyout before or after filing. A purchase price usually comes from an appraisal or agreement among the parties.
8. Distribution and payment of liens, costs, and taxes. Sale proceeds pay mortgages, liens, court costs, commissions, and then the net is divided according to shares. Disputes about credits (improvements, payments for taxes or mortgage) can be raised to the court.

Timing, costs, and practical considerations

Expect several months to a year or longer, depending on complexity, whether the case settles, and court schedules. Costs include filing fees, service fees, attorney’s fees, appraisal fees, and possibly commissioner fees. If you win, the court may award costs or order an accounting; but courts do not automatically pay an owner’s lawyer fees unless a statute or agreement provides for them.

Common issues and special rules in Texas

• Homestead protection: If the property is a homestead and someone entitled to homestead rights (spouse, minor child) objects, the court may be limited in ordering a forced sale. Consult counsel about homestead rules.
• Probate and estate claims: If parents died without transferring title, you may need the probate court to resolve ownership before a partition can proceed.
• Mortgages and liens: A mortgage or lien generally stays attached to the property. A partition sale normally pays those liens first.
• Improvements and reimbursements: The court can account for improvements paid by one owner and adjust distributions accordingly.

What you will need before filing

• Copy of the deed(s) and any recorded instruments affecting the property.
• Title search or title report showing owners and liens.
• Contact information for all known co‑owners and lienholders.
• Recent appraisal or listing price to support value and buyout negotiations.
• Evidence of contributions, improvements, or payments you claim should affect distribution.

How to ask the court to order a buyout rather than a sale

Courts may permit a buyout if a co‑owner offers to pay fair value for the others’ interests. To increase the chance of a buyout instead of a sale:

• Present a firm, documented buyout offer based on appraisal(s).
• Show you have financing or cash available to close quickly.
• Document why a buyout is equitable (e.g., family harmony, one owner lives in the home and cannot find comparable housing).

Next steps and when to get help from an attorney

Start by confirming ownership and title. If you are on title as a co‑owner, try negotiation, mediation, or a structured buyout first. If talks fail, consult a Texas real estate attorney to review title, draft a petition, and represent you in court. If the ownership question ties into a parent’s probate or alleged creditors, consult a probate attorney.

Helpful Hints

• Verify ownership before taking any action — don’t assume you have an ownership interest just because you’re a child of the owners.
• Obtain at least one independent appraisal to anchor negotiations and court valuation.
• Document all payments you made toward mortgage, taxes, or improvements — you may be entitled to credit.
• Consider mediation — courts often require or encourage alternatives to litigation and mediation can preserve family relationships.
• Be aware of homestead and probate claims that may block or delay a partition — get legal advice early if those issues exist.
• If you want to buy out a sibling, get a clear written offer and proof of funds or pre‑approved financing before you propose the buyout.
• Expect the court to consider the fairness of any division or sale — bring records and credible valuations to support your position.

Key Texas statutory resource

Texas Property Code, Chapter 23 (Partition of Property) — general rules and procedures for partition actions: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

Final notes

Partition actions can resolve deadlocks among co‑owners but come with legal rules, costs, and timing. Your best first steps are to confirm the legal ownership, try negotiation or mediation, get an appraisal, and consult a Texas real estate or probate attorney to discuss the specific facts and the best route (buyout vs. partition sale vs. other remedies).