How to Force the Sale of Co-Owned Property in Texas
Understanding Forced Sales in Partition Actions
When multiple people own a property together, disagreements can arise over whether to keep or sell it. If one or more co-owners wish to sell but others refuse, Texas law allows for a legal process called partition by sale to force the sale of the property. This is done through a partition lawsuit, in which the court determines whether the property should be sold and how the proceeds should be distributed among the owners.
When Can You Force the Sale of a Co-Owned Property?
You may be able to force the sale of co-owned property if:
You are a tenant in common or joint tenant and no written agreement restricts partition.
The property is inherited by multiple heirs, and one or more heirs want to sell.
Co-owners cannot agree on the property’s use, management, or expenses.
The property cannot be fairly divided without losing significant value.
If co-owners cannot reach an agreement, the only way to force the sale is by filing a partition lawsuit in a Texas court.
Step-by-Step Process to Force a Sale
1. Attempt to Reach an Agreement
Before filing a lawsuit, consider alternatives:
- Negotiation – Discuss a voluntary sale or buyout with the other co-owners.
- Mediation – A mediator can help reach a fair resolution without court involvement.
- Buyout Offer – If you can afford it, offer to purchase the shares of unwilling co-owners.
If these options fail, legal action may be necessary.
2. File a Partition Lawsuit
To begin the process, file a Petition for Partition in the appropriate district court. The petition should include:
- A description of the property
- The names and ownership shares of all co-owners
- A request for partition by sale
- Evidence showing why physical division is impractical
Once the lawsuit is filed, all co-owners must be served with notice.
3. Court Determines if Partition in Kind is Feasible
The court first evaluates whether the property can be physically divided (partition in kind).
If division is impractical, the court will order a partition by sale.
Courts typically prefer partition by sale when dividing the property would reduce its value or create inequities among owners.
4. Property Appraisal and Sale
If a sale is ordered, the court may appoint commissioners or a real estate agent to oversee the sale.
The property is appraised to determine fair market value.
The sale can be conducted through a public auction or private listing.
5. Distribution of Proceeds
After the sale, proceeds are distributed among the co-owners based on their ownership percentages. The court may also:
- Deduct unpaid expenses (taxes, maintenance, mortgage payments made by certain owners).
- Allocate funds to settle disputes over contributions to property improvements.
Special Considerations for Heirship Property
If the property is inherited, additional rules under Texas Property Code § 23A apply:
- The court must order an appraisal before a forced sale.
- Co-heirs have the right to buy out a selling heir’s share before the property is put on the market.
- The court will consider non-economic factors, such as an heir’s long-term residence on the property.
Avoiding Litigation: Alternative Solutions
Before resorting to court action, consider:
Private Sale – If all owners agree, selling the property without court involvement can save time and money.
Co-Ownership Agreements – A written agreement specifying terms for selling the property can prevent future disputes.
Partition Mediation – Mediation can help resolve disagreements before they escalate to litigation.
Get Legal Assistance for Partition by Sale
Forcing the sale of a co-owned property can be legally complex, especially when multiple owners or inherited property are involved. Consulting with a Texas real estate attorney can help you navigate the process and protect your interests.
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.