Defending Against a Forced Real Estate Partition in Texas
Understanding Your Rights in a Partition Lawsuit
If you co-own real estate in Texas and another owner is attempting to force a sale through a partition lawsuit, you have legal options to challenge or negotiate the process. While Texas law generally allows co-owners to seek a partition, courts must determine whether a forced sale is justified. This guide explains how to defend against a forced partition and protect your property rights.
Can You Prevent a Forced Partition?
You may be able to stop or modify a forced partition if:
The property can be fairly divided instead of sold (partition in kind).
A written agreement among co-owners prevents partition.
You can buy out the other co-owner’s interest.
The forced sale would cause unfair financial harm or violate legal protections under Texas law.
Legal Defenses Against a Forced Partition
1. Argue for Partition in Kind Instead of Sale
Texas courts generally prefer partition in kind if the property can be physically divided without reducing its value.
You may use expert testimony from a real estate appraiser to prove that a fair division is possible.
2. Enforce a Contract Preventing Partition
If co-owners have a contract, deed restriction, or co-ownership agreement that prohibits partition, the court may deny the request.
Some agreements require co-owners to hold the property for a specific period or agree unanimously before selling.
3. Exercise Your Right to Buy Out the Other Co-Owner
You may offer to buy out the co-owner who wants to sell before the court orders a public sale.
Under Texas Property Code § 23A, heirs in inherited property cases have a right of first refusal to buy out selling heirs before a forced sale occurs.
4. Show That a Forced Sale Would Cause Unfair Financial Harm
If selling the property would create significant financial hardship, the court may consider alternative solutions.
Possible arguments include:
- Market conditions would result in a below-market sale price.
- A forced sale would lead to high tax liabilities or loss of investment value.
- The property has historical or sentimental value that justifies preserving ownership.
5. Challenge the Property Valuation or Sale Process
If an appraisal is conducted, you may challenge an unfair or undervalued price.
You can also object to the method of sale (e.g., a public auction vs. private listing) and propose a better alternative.
Alternative Solutions to Litigation
Before fully contesting the lawsuit, consider resolving the dispute through:
Mediation – A neutral third party helps reach a fair agreement without litigation.
Co-Ownership Agreements – Negotiating a formal agreement regarding future use, expenses, or sale of the property.
Private Buyout – Purchasing the other owner’s share before the court orders a forced sale.
Get Legal Help to Protect Your Property Rights
If you are facing a forced partition lawsuit, consulting a Texas real estate attorney can help you evaluate your legal options, present strong defenses, and negotiate a fair resolution.
Learn More
Explore more about Texas partition law by visiting the related topics in the menu to the left. These pages provide deeper insights into the partition process and your legal options.