Detailed Answer

Short answer: In Texas, any co-owner of real property — including someone who inherited an interest — can file a partition lawsuit in the district court where the land is located to divide the property or force its sale. The court will try to divide the land physically if practicable; if a fair physical division is not practical, the court can order the property sold and the proceeds divided among the owners.

Which law governs partition actions in Texas?

Partition actions are governed by Texas law, primarily Texas Property Code Chapter 23. See Texas Property Code Chapter 23 (Partition) for the statutory rules and procedures: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

Who may file a partition suit?

Any person who owns an undivided interest in real property may file. That includes co-owners who hold title as tenants in common or other non-exclusive ownership forms. If you inherited an interest and are a record or equitable owner, you generally have standing to sue for partition under the statute.

Typical step-by-step process to force a sale of an inherited interest (practical checklist)

Confirm ownership and title. Obtain a certified copy of the deed and a current title report or deed records from the county clerk to verify all owners and liens. Determine whether the property is owned as tenants in common, community property, joint tenancy, or held in trust; partition rules differ in some settings.
Decide whether you want partition in kind or sale. Petition the court for partition in kind (physical division) or partition by sale. Texas courts favor partition in kind when it is practical and fair; if physical division is impractical or would materially diminish value, the court may order a sale and divide proceeds.
Prepare and file the petition. File a petition for partition in the district court in the county where the property is located. The petition should identify the property (legal description), list all owners and lienholders by name and last-known address, state your ownership interest, and ask the court to partition the property or order a sale.
Name necessary parties and lienholders. Suits must include all co-owners and recorded lienholders so the court can bind them and clear title on sale. If some owners cannot be found, the court has procedures for substituted service or notice and may allow a sale after required notices and publication.
Provide supporting documents. Attach copies of deeds, wills, probate orders (if the interest came through an estate), and any documents describing interests or liens on the property.
Serve defendants and file proof of service. Properly serve all co-owners and lienholders. The court typically requires proof of service before proceeding to appointment of commissioners or sale.
Appointment of commissioners or a referee. If the court orders partition, it often appoints three commissioners (or a referee) to survey, mark, and propose how the land can be divided. The commissioners will prepare a report identifying whether physical division is feasible and, if not, recommend sale.
Appraisal and offer process. The statute and court procedure provide for appraisal and opportunities for co-owners to buy out other interests before sale. If a co-owner wishes to purchase another’s share, the court may direct procedures to effect that transfer.
Sale (if ordered). If the court orders sale, it will set terms and procedures. Sales typically follow court-ordered notice, public auction rules, or private sale with court approval depending on the circumstances. The court will supervise distribution of sale proceeds after paying liens, taxes, and costs.
Final judgment and distribution. After the sale or partition in kind, the court enters a final judgment directing how title or proceeds are distributed among owners and how costs and liens are handled.

Practical examples and common issues (hypothetical)

Example: You inherit a one-third interest in 50 acres your parents owned as tenants in common with two siblings. You want liquidity and cannot agree with siblings. You can file a partition suit in the county where the land sits asking the court to sell the property and distribute net proceeds 1/3 to each owner, subject to mortgage liens or tax liens. The court will try to divide the land first; if that is not reasonable (shape, access, or valuation issues), the court will order a sale.

Common complications:

Undisclosed liens or mortgages that must be paid out of sale proceeds.
Heirs or owners not on the chain of title (adverse possession or unrecorded interests).
Title disputes requiring preliminary quiet-title or probate proceedings.
Costs and attorneys’ fees that reduce net proceeds—be prepared for litigation expenses.

Where to file and timelines

File in the district court in the county where the real property is located. Timelines vary: some partition cases resolve quickly if parties agree; contested cases with title, valuation, or service problems can take many months or longer. The statutory process and the court’s calendar govern exact timelines.

Key statutory reference

See Texas Property Code Chapter 23 for the controlling statutory framework for partition actions: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm. That chapter explains who may bring suit, the court’s powers to partition or order sale, and the mechanics for commissioners, appraisals, and distribution of proceeds.

Important: State and local practice can affect procedure (service rules, filing fees, documentary requirements). Check local district court clerk guidance for filing requirements.

When to hire an attorney

Consider hiring a Texas real estate or probate attorney if:

Title or lien issues exist.
Co-owners dispute valuation or the manner of partition.
Heirs are missing or unknown and substituted service may be needed.
Costs, tax implications, or complex estate matters (probate) are involved.

An attorney can prepare the petition, identify all necessary parties, handle service and hearings, negotiate buy-outs, and manage sale logistics supervised by the court.

Disclaimer: This post is for general informational purposes only and is not legal advice. It does not create an attorney-client relationship. For advice about a specific situation, consult a licensed Texas attorney.

Helpful Hints

Gather the deed and any probate paperwork before you file. A legal description is required in the petition.
Obtain a title search early to identify lienholders and recorded owners.
Talk to your co-owners about buy-out options before filing—many partition suits are avoided by negotiated sales or transfers.
Keep clear records of communications, offers, and expenses related to the property; the court may consider costs in dividing proceeds.
Expect court costs and possible appraisal or survey costs; factor them into your decision to pursue partition.
If some owners are difficult to find, discuss substituted service or publication with counsel to ensure the case can move forward.
Use the Texas Property Code Chapter 23 page for statutory language and to prepare for what the court may require: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.