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 legal remedy: a court-ordered partition. Under Texas law, co-owners of real property can ask a court to divide the property (partition) or to order a sale and divide the proceeds among the owners. The governing rules are found in the Texas Property Code governing partition actions (see Texas Property Code, Partition).
Texas Property Code, Chapter 23 – Partition
Key points about partition in Texas:
- Who can file: Any co-owner (for example, heirs who own the property as tenants in common) can file a partition suit.
- Types of partition: The court can order a partition in kind (physically divide the property among the owners) or a partition by sale (sell the property and divide the net proceeds). Texas courts prefer partition in kind when it is practicable and fair, but will order a sale when division is impractical or unfair to the parties.
- How the court decides: The judge looks at whether the property can be divided without impairing value or causing injustice. If physical division would leave impractical parcels or uneven value, the court often orders a sale.
- Procedure basics: A partition suit is typically filed in the county where the property is located. The court will identify all owners and interested parties, may appoint a commissioner to survey/divide the land or to oversee a sale, and will set how proceeds are distributed after liens, taxes, and costs are paid.
- Effect on holdouts: A partition action allows one owner to force a sale even if other owners refuse to cooperate with a realtor or refuse a voluntary sale.
Practical complications you should expect:
- Title type matters: If title was held as joint tenants with right of survivorship, the surviving owner(s) typically hold full title and a partition suit may not be needed. If the heirs own as tenants in common, partition is available. Confirm how title was transferred in the deed and in any probate documents.
- Probate status: If the property is still in probate, the personal representative may have limited authority to sell property depending on the will or court approval. If the estate is closed and title already vested in heirs, a partition suit is the usual route.
- Costs and timing: Partition litigation involves filing fees, possible attorney fees, appraisal costs, and survey or commission expenses. The process can take months to over a year depending on complexity and court schedules.
- Liens and mortgages: Any mortgages, tax liens, or judgments attached to the property will generally be paid from sale proceeds before distribution to owners.
Typical steps to force a sale in Texas
- Confirm ownership: Obtain a copy of the deed, the death certificate, and probate papers (if any) to identify legal owners and how title is held.
- Demand and negotiate: Send a written demand to the co-owner proposing terms (sale by realtor, buyout, or appraisal-based split). Offer mediation before filing suit; courts often encourage settlement.
- File a partition suit: If negotiation fails, file a partition action in the appropriate Texas court naming all owners and interested parties.
- Appraisal/surveys: The court may order an appraisal and a survey to determine how to divide or sell the property fairly.
- Court hearing and order: The court issues an order for partition in kind or a sale. If sale is ordered, it can be by private sale under court supervision or by public auction depending on circumstances.
- Distribution: After the sale, the court orders payment of liens and expenses and distributes the remaining proceeds to owners per their ownership shares.
When a court may order sale instead of division
A sale is likely when:
- The land cannot be divided without materially impairing its value.
- Physical division would create impractical or unequal parcels (e.g., a single house on one small lot and vacant land for others).
- There are many owners with fractional shares making an in-kind division unworkable.
Helpful Hints
- Gather documents first: deed, will, death certificate, probate docket, mortgage statements, tax bills, and prior appraisals.
- Check the deed language: terms like “with right of survivorship” are important and can alter your options.
- Try negotiation and mediation: a court costs money and time. A buyout or agreed sale often yields a faster and cheaper result.
- Get a current appraisal: this helps make fair offers or to show the court why division is impractical.
- Ask about temporary relief: courts can award use or possession or order temporary injunctions if a co-owner is harming the property.
- Expect costs to come from proceeds: filing fees, attorney fees, and partition commissioner or auction costs usually reduce the net proceeds to owners.
- Consult a Texas probate or real property attorney early: even if you plan to negotiate, an attorney can explain rights, likely outcomes, and how local courts handle partition cases.
Relevant statute (general reference): Texas Property Code, Chapter 23: Partition
Next practical step: confirm how title is held and whether the property is still in probate. If title is already vested in multiple heirs as tenants in common and negotiations fail, the usual legal path in Texas is a partition action that may result in a court-ordered sale.
Note: Laws and procedures vary with local court practices and case facts. This summary is educational and not a substitute for personalized legal advice from a licensed Texas attorney.