Ways to end co-ownership of real estate with a former spouse under Texas law

This FAQ-style guide explains the main legal options in Texas for a person who still co-owns real property with an ex-spouse and wants the property sold or divided. It describes what a partition action is, how divorce property division affects your options, alternatives to court, likely timelines and costs, and the documents and steps you’ll need to move forward.

Disclaimer

This is educational information only and not legal advice. For advice about your particular situation, consult a licensed Texas attorney.

Detailed answer

1. Two distinct starting points: divorce decree vs. post-divorce co-ownership

If your divorce decree already addressed the house (for example awarding it to one spouse, ordering its sale, or creating a buyout), follow the decree first. If the decree left you both as co-owners or you continued to hold title in both names after divorce, the post-divorce remedies below apply.

2. Partition action (court-ordered division or sale)

The primary statutory tool in Texas to force division of jointly owned real estate is a partition action. A partition action lets a co-owner ask the court to divide the property physically (partition in kind) when practical, or, if physical division is infeasible or unfair, order a sale and divide net proceeds among the owners. Partition actions and procedures are governed by the Texas statutes on partition. See the Texas Property Code (Partition provisions) for statute text: Texas Property Code — Partition.

Who may file: any legal co-owner (tenant in common, joint tenant, etc.) may file for partition. The court will determine ownership shares and either partition the land or order a sale and distribute proceeds according to ownership interests.

How the court decides between partition in kind and sale: the court prefers to divide the land in kind when that can be done without materially impairing any owner’s interest. If division significantly impairs value, or the property cannot be fairly divided (e.g., a single-family house on one lot), the court usually orders a sale and splits the proceeds.

Practicals: a partition action requires pleadings, a hearing, and often an appraisal or commissioner’s report. The court can appoint commissioners or referees to value and divide property and can impose terms for sale, foreclosure of liens, and distribution of proceeds.

3. Divorce court enforcement and post-decree options

If your divorce decree included property division language but the ex refuses to comply (for example, won’t sign a deed or transfer), you can ask the divorce court to enforce the decree. In many counties, you can file a motion for enforcement, contempt, or specific performance in the divorce case. If the decree left you as co-owners and didn’t divide the property, you proceed with a partition action or negotiate a settlement.

Texas family law provisions govern property division during divorce; see Texas Family Code provisions on division of property: Texas Family Code — Division of Property.

4. Other legal tools and related actions

Agreement / buyout: You can negotiate a buyout where one spouse refinances and buys out the other’s share, or one spouse pays lump-sum compensation in return for sole title.
Mediation / settlement: Many courts require or encourage mediation before a partition trial. Mediation can produce a faster, cheaper resolution.
Quiet title or declaratory judgment: If title disputes or clouded title exist (e.g., conflicting deeds), quiet-title or declaratory-judgment actions can clear ownership before a partition or sale.
Foreclosure of liens: If mortgages or liens exist, those have priority and must be resolved (payoff, refinance, or sale) before distribution of net proceeds.

5. Timing, costs, and likely outcomes

Timing: a straightforward negotiated buyout or refinance can close in weeks to months. A contested partition action typically takes several months to a year or longer depending on court schedules, required appraisals, and appeals.

Costs: partition actions carry court filing fees, appraisal and survey costs, attorney fees, and commission or sale costs if the court orders sale. Some statutes and case law allow courts to allocate attorney’s fees and costs based on equities and conduct of the parties, but recovering full fees is not guaranteed.

6. Special Texas considerations

Homestead and family protections: Texas has strong homestead and family protections. If the property serves as a homestead and one party tries to force a sale, certain homestead rights and exemptions may be relevant. Whether homestead protection blocks a forced sale depends on facts (use, designation, timing). Discuss homestead issues with counsel.
Community property background: If the property was community property during marriage, your divorce decree or later agreement normally addresses how community property was divided. Post-divorce co-ownership means you own as co-owners under property rules rather than as “community property” during the marriage.
Liens, mortgages, and taxes: Outstanding mortgages or liens stay with the property until paid or refinanced; they affect net proceeds from sale.

How a typical partition case proceeds (step-by-step)

File a petition for partition in the appropriate Texas court. Include names of all co-owners and describe the property and ownership claims.
Serve defendants (co-owners and lienholders).
Discovery, appraisals, surveys, and possibly temporary hearings regarding possession, rents, or maintenance.
Court hearing. Court decides whether to order partition in kind or sale; may appoint commissioners to divide or sell.
Commissioner’s report or sale process. If sale, property is usually sold at public sale; proceeds are distributed after paying liens and costs.
If one party disagrees with the commissioner’s report, appeals can extend the process.

When to consider alternatives instead of court

Consider negotiation, buyout offers, mediation, or refinancing when:

Both parties can agree on price or terms;
One party can obtain financing to buy out the other;
Costs of litigation will exceed the likely net gain for either side;
You want a faster, private resolution to avoid sale timing and marketing risks.

Documents and information to gather before you act

Deed(s) showing current title and names.
Divorce decree and any written settlement agreements or clarifying orders.
Mortgage statements, payoff amounts, and lien information.
Recent property tax bills and insurance records.
Any appraisals, surveys, or home valuation reports.
Evidence of contributions to purchase, improvements, or payments (if ownership shares are disputed).

Helpful hints

Start by checking your divorce decree and any written settlement — it may already resolve ownership or give a path to enforcement.
Try negotiating a buyout or using mediation before filing suit — it’s often faster and cheaper.
Gather title documents, mortgage/payoff figures, tax records, and receipts for improvements before meeting an attorney.
Ask the attorney about partition vs. buyout costs and timelines specific to your county’s courts.
Consider refinancing to remove a co-owner from the mortgage rather than relying on a deed transfer: lenders control mortgage release.
Be aware of tax consequences: sale proceeds may have capital gains effects; consult a tax advisor if needed.
If the property is claimed as homestead, raise that issue early; homestead rules in Texas can affect forced sales.
Know that courts prefer partition in kind when feasible, but single-family parcels typically end up sold and proceeds split.

Next steps

If you want to move forward, consider these immediate next steps:

Request a copy of the divorce decree and property settlement from court records if you don’t already have it.
Talk with a Texas real estate or family law attorney to evaluate whether a partition action, enforcement in the divorce court, or a negotiated buyout is best for your facts.
Obtain a current market valuation and payoff statements for all liens to understand equity and settlement options.

For statutory guidance on partition procedures, see: Texas Property Code — Partition. For statutory provisions governing property division at divorce, see: Texas Family Code — Division of Property.