How to proceed with a partition action in Texas when a co-owner won’t cooperate

Disclaimer: This is general information, not legal advice. Laws change. Consult a licensed Texas attorney for guidance tailored to your situation.

Short answer

If you inherit real property in Texas and a co-owner refuses to agree to a sale or division, you can ask a court to force a partition. The court can either divide the property physically (partition in kind) or order a sale and split the proceeds. The process normally starts with preparing and filing a petition for partition in the district court where the property sits, serving the co-owner, and following the court’s orders for partition or sale. Texas statutes govern partition actions; see Texas Property Code, Partition provisions: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

Detailed answer — step-by-step guide

1. Verify ownership and title

Collect the deed, the decedent’s death certificate, any probate or small‑estate paperwork, the will (if any), and a recent title search or abstract. Confirm that the named co-owners actually hold legal interests that a court can partition. If title has not been transferred after probate, you may need to complete probate or an affidavit of heirship first.

2. Check for special limits or protections

Confirm whether the property is a homestead, subject to liens, or under a mortgage. Homestead protections and certain statutory exemptions can affect a partition or the ability to force a sale. If the property is encumbered, liens are usually paid out of sale proceeds in the order of priority.

3. Try informal resolution first

Send a clear written demand offering options: buyout, sell and divide proceeds, or mediation. Document your attempts. Courts often expect parties to try negotiation or mediation before litigating, and a reasonable settlement may save time and money.

4. Consider mediation or a buyout

Mediation can produce a faster, cheaper resolution. If you can finance a buyout, you might acquire the other owner’s share instead of forcing a sale.

5. Prepare and file a petition for partition

If talks fail, file a petition for partition in the district court of the county where the land is located. The petition should identify:

The property (legal description)
Each owner and their interest
Any liens or mortgages
The relief you seek (partition in kind, or sale and division of proceeds)

The court has statutory authority to partition property; see Texas Property Code (Partition provisions): https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm.

6. Serve the co-owner(s)

Have the co-owner(s) properly served with citation and the petition according to Texas procedural rules. If owners cannot be located, the court permits substituted service or constructive notice in some cases. Absent parties may be represented by appointed guardians or next of kin in limited situations.

7. Temporary relief and injunctions (if needed)

If the co-owner threatens to damage, sell, or encumber the property, request emergency relief from the court (temporary restraining order or temporary injunction) to preserve the property until the case resolves.

8. Court proceedings and evidence

The court will hold hearings. Provide proof of ownership, title evidence, appraisals, evidence of improvements, liens, and anything relevant to a fair division. The court may appoint commissioners or a special master to examine the property, prepare a partition plan, or conduct a sale.

9. Partition in kind versus partition by sale

The court prefers partition in kind (physically dividing the land) when it is practicable and results in a fair division. If physical division is impractical or would reduce value, the court can order a public sale and divide the net proceeds among owners according to their interests. Expect the court to consider land use, access, improvements, and fairness when choosing the approach.

10. Payment of liens, costs, and distribution

From sale proceeds the court will satisfy mortgages and liens in priority order, pay costs and commissions, and then distribute the remainder to owners according to their ownership shares. If the court orders a partition in kind, it may award money to equalize unequal values between divided parcels.

11. Final order and recording

After the court signs a final order, record any deeds or instruments necessary to reflect the new ownership on the county land records. If the court ordered a sale, the court or the appointed officer will execute the deed to the buyer.

Common complications to expect

Title problems or unprobated transfers — may require probate or quiet title action
Homestead claims by a surviving spouse or minor child — may block or delay partition
Mortgages and liens — creditors may need to be joined
Undisclosed heirs or missing owners — may require substituted service or additional litigation
Costs — court costs, appraisals, and commissioner fees can reduce proceeds

Where to file and who handles the case

Partition actions for real property are generally filed in the district court of the county where the property is located. Judges follow the Texas statutes and local court rules. If you file without an attorney (pro se), expect procedural requirements and timelines similar to other civil cases.

Helpful statutes and resources

Texas Property Code — Partition provisions: https://statutes.capitol.texas.gov/Docs/PR/htm/PR.23.htm
Texas Judiciary and court rules (procedures for filing and service): https://www.txcourts.gov/rules-forms/rules-standards/
County clerk’s office — for filing fees and recording deeds (search the county’s official site)

Helpful Hints

Gather key documents first: deed, death certificate, will, probate papers, mortgage statements, and tax receipts.
Get a title search and a recent appraisal before filing — they speed court proceedings.
Document all settlement offers and communications with the co-owner — courts like to see attempts at cooperation.
Consider mediation early; it often lowers cost and preserves relationships.
If you are on a tight timeline (risk of sale or injury to property), ask the court for temporary injunctive relief.
Ask your attorney about offsets for improvements, rent, or maintenance expenses when dividing proceeds.
Expect the process to take months, sometimes longer if title issues or homestead claims arise.
When contacting an attorney, bring the deed, any probate case numbers, and evidence of your communications with the co-owner.

When to hire an attorney

Hiring a Texas real property attorney is wise when:

Ownership or title is unclear
There are liens, mortgages, or homestead claims
The co-owner actively resists or hides property
You want to ensure procedural accuracy and protect your financial interest

Consulting a lawyer early can identify simpler paths (like a buyout) and avoid costly mistakes in court filings.

Again: This information is for educational purposes only and is not legal advice. For specific guidance on your situation, consult a licensed Texas attorney.