How to File a Partition Lawsuit in Texas
Understanding the Partition Lawsuit Process
When co-owners of real estate in Texas cannot agree on how to use, maintain, or sell a property, a partition lawsuit may be necessary to resolve the dispute. A partition action allows a court to either physically divide the property (partition in kind) or order its sale and distribute the proceeds (partition by sale). This page provides a step-by-step guide on how to file a partition lawsuit in Texas and what to expect from the legal process.
Step 1: Determine If a Partition Lawsuit Is Necessary
Before filing a lawsuit, consider alternative solutions, such as:
- Negotiating a buyout – One owner may buy out the others.
- Selling the property voluntarily – All co-owners agree to list and sell the property.
- Mediation – A neutral third party helps the owners reach an agreement.
If no resolution is possible, a partition lawsuit may be the only option.
Step 2: Confirm Your Legal Right to Partition
Under Texas law, any co-owner of a property has the right to request a partition, unless there is a written agreement stating otherwise. Partition rights typically apply to:
- Tenants in common
- Joint tenants
- Heirs who have inherited property
If the property is held by heirs under Texas Property Code § 23A, special rules apply, including a court-ordered appraisal and a buyout opportunity for co-owners before a sale is forced.
Step 3: File a Partition Petition in Court
To begin the lawsuit, the plaintiff (co-owner requesting the partition) must file a Petition for Partition in the appropriate Texas district court. The petition should include:
- A legal description of the property
- The names and ownership interests of all co-owners
- A request for either partition in kind or partition by sale
- The reasons why partition is necessary
- Any relevant documents, such as deeds or probate records
The court may require service of process on all co-owners, notifying them of the lawsuit.
Step 4: Court Review and Appointment of Commissioners
Once the lawsuit is filed:
- The court determines the feasibility of partition in kind – If physical division is possible without harming the property’s value, the court may approve it.
- If partition in kind is not practical, the court orders a sale – The property is sold, and the proceeds are distributed among the owners.
- Commissioners may be appointed – The court may select neutral commissioners to evaluate the property and recommend how it should be divided or sold.
Step 5: Property Appraisal and Valuation
In cases involving heirship property, the court will order an independent property appraisal to determine its fair market value. This ensures:
- Co-owners have the option to buy out the selling parties before a forced sale.
- A fair sale price if the property is ordered to be sold.
Step 6: Court Judgment and Execution
After reviewing the case, the court will issue a final judgment, which may include:
- An order dividing the property among co-owners (if feasible).
- An order to sell the property through auction or a private sale.
- A distribution plan for the sale proceeds based on ownership percentages.
- Once the judgment is finalized, the property division or sale must be carried out as ordered by the court.
Avoiding Common Pitfalls in Partition Lawsuits
Failing to explore alternatives – Litigation can be costly and time-consuming. A voluntary sale or buyout may be a better option.
Disputes over ownership shares – Ensure ownership records are clear and supported by documentation.
Delays in court proceedings – Partition cases may take months or years, depending on the complexity of the dispute.
Get Legal Assistance for a Partition Action
Partition lawsuits can be complicated, especially when multiple co-owners or heirship claims are involved. Consulting with an experienced Texas real estate attorney can help protect your rights and ensure a fair outcome.
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.