Detailed Answer

When people co-own real property in Texas and some want to sell while others refuse, the law gives an orderly way to resolve the dispute: a partition action. A partition action asks a court to divide the property (a partition in kind) or, if division is impractical, order a sale and divide the proceeds (a partition by sale). The procedure and the court’s authority to divide or sell co-owned land are set out under Texas law governing partition actions. See Texas Property Code, Chapter 23: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

Who can ask for a partition?

Any owner of an undivided interest in real property can file a partition suit in the county where the property is located. That includes tenants in common and, in many situations, co-owners who hold property as community property. The court will look at the title to determine ownership interests and who has standing to sue.

What will the court do?

The court will examine whether the property can be fairly divided into separate parcels so each owner receives their share (partition in kind). If a reasonable division is possible without substantially harming value or use, the court may divide the land among the owners.

If the court finds dividing the property is not practical or would unfairly impair value, it may order a partition by sale. In a sale, the court typically appoints a commissioner to sell the property at public auction or by other court-approved means and then distributes the net proceeds to owners according to their ownership shares after paying liens, taxes, and sale costs.

Are there limits and exceptions?

• Homestead protections: Texas strongly protects a family homestead from forced sale for many claims. If the property is a claimed homestead, that protection can affect or complicate a partition suit. The Texas Constitution and statutes restrict sale of homestead property for certain debts. Consult a lawyer about how homestead claims may apply to your situation. See the Texas Constitution, Article XVI and related law: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm.
• Liens and mortgages: Liens, mortgages, and unpaid taxes attach to the property. The court usually requires these obligations to be paid from sale proceeds before owners receive their share.
• Joint tenancy or contractual limits: If your deed creates a joint tenancy with right of survivorship or there is a written agreement (such as a buy-sell agreement, operating agreement, or deed restrictions) that limits transfer or sale, those documents affect rights and may limit or change how a court acts.
• Minor owners or incapacitated owners: The court will take steps to protect minors or incapacitated persons; a guardian ad litem or other protection may be appointed.

What outcomes are common?

Outcomes typically include:

• Division of the land into separate parcels (in-kind partition).
• Court-ordered sale and distribution of proceeds (partition by sale).
• One co-owner buying out the others at an appraised or negotiated price before sale.
• Settlement by agreement or mediation before the court decides.

Procedure and timeline

A partition suit begins by filing a petition in the proper county court. The case will involve: identifying title and ownership shares, notifying all interested parties, possible appraisal, and either drafting a plan for division or appointing a commissioner for sale. Timelines vary. Simple agreements may resolve in weeks, contested partition suits typically take months to over a year depending on complexity, title issues, and appeals.

Practical example (hypothetical)

Suppose four siblings inherit a tract of land as tenants in common, each a 25% owner. Two siblings want to sell. The other two refuse. A sibling can file a partition suit. If the court finds the tract can be fairly subdivided into four lots without destroying value, it may divide the land. If subdivision is impractical, the court likely orders a sale and divides net proceeds 25% to each sibling after paying mortgages, taxes, and sale costs.

Note: This explanation summarizes how partition works in Texas and references applicable statutes. For statutory text on partition, see Texas Property Code, Chapter 23: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

Disclaimer: This is general information, not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Texas real estate or probate attorney.

Helpful Hints

• Confirm how the property is titled (tenants in common, joint tenants, community property). Title determines who can force a partition.
• Check for mortgages, liens, taxes, or pending foreclosures before asking for a forced sale. These must be handled in the partition process.
• Consider negotiation or mediation first. A buyout or split sale often saves time and costs compared with a court fight.
• Obtain an independent appraisal to know the property’s current market value and to help with buyout calculations or court briefing.
• If someone lives on the property and claims it as a homestead, get legal advice early. Homestead law in Texas can complicate forced sales. See Texas Constitution, Article XVI: https://statutes.capitol.texas.gov/Docs/CN/htm/CN.16.htm.
• Be prepared for costs: court fees, attorney fees, commissioner’s fees, appraisal fees, title work, and closing costs reduce sale proceeds.
• Gather documents: deeds, wills, trust instruments, mortgage statements, tax bills, and any written agreements among owners.
• File in the county where the property lies. If you decide to file a partition suit, an attorney can identify the correct court and procedural steps.

If you want help locating a Texas attorney who handles partition suits or real estate disputes, contact your local county bar association or the State Bar of Texas lawyer referral service for referrals.