Heirship Property and Partition Actions Under
Texas Property Code § 23A
Understanding Partition of Inherited Property
When multiple heirs inherit a piece of real estate, disagreements can arise over its use, maintenance, or sale. In Texas, heirs who co-own property have the right to seek a partition under Texas Property Code § 23A, which governs the partition of heirship property. This law provides additional protections for heirs, especially those living on the property, and ensures a fair process for resolving disputes.
What is Texas Property Code § 23A?
Texas Property Code § 23A, also known as the Uniform Partition of Heirs Property Act (UPHPA), provides special rules for partitioning property inherited by multiple heirs. This law applies when:
The property is held by co-heirs (not purchased through a regular business transaction).
At least one heir requests a partition of the property.
The property qualifies as “heirs’ property” under the statute.
Key Protections for Heirs Under § 23A
The UPHPA includes safeguards to prevent unfair forced sales and allows heirs more opportunities to retain ownership of inherited property. These protections include:
1. Right of First Refusal (Buyout Option)
If one or more heirs wish to sell their interest, the remaining heirs must be given the opportunity to buy out the selling heir’s share before the court orders a forced sale.
The court will determine the fair market value of the property, usually through an independent appraisal.
2. Court-Ordered Appraisal
Before a partition action proceeds, the court orders an appraisal to determine the fair market value of the property.
The appraisal ensures that any buyout or sale reflects the property’s true value.
3. Preference for Partition in Kind Over Sale
If feasible, the court will attempt to divide the property physically rather than forcing a sale.
If division is impractical or would result in a substantial loss of value, the court may order a partition by sale instead.
4. Consideration of Non-Economic Factors
The court can take into account:
- Whether an heir lives on the property and depends on it for housing.
- The sentimental or historical value of the property to the family.
- The impact of a sale on family members compared to their financial interests.
Steps in a Partition Action for Heirship Property
1. Filing the Partition Lawsuit – One or more co-heirs file a petition for partition in court.
2. Determining Heirship & Ownership Interests – The court confirms the rightful heirs and their percentage of ownership.
3. Appraisal & Valuation – The court orders an appraisal to establish fair market value.
4. Buyout Opportunity – Heirs who wish to keep the property can buy out those who want to sell.
5. Decision on Partition Type – If a buyout is not possible, the court decides between partition in kind (physical division) or partition by sale (court-ordered sale).
6. Sale or Division Execution – The property is either divided or sold, and the proceeds are distributed to the heirs based on their ownership shares.
Avoiding Litigation: Alternative Solutions
Heirs can avoid the costs and complications of a partition lawsuit by considering:
- Family Settlement Agreements – An agreement among heirs to buy out certain interests or distribute the property differently.
- Selling the Property Voluntarily – If no heir wishes to keep the property, selling through a realtor rather than a forced sale may yield a better price.
- Mediation – Working with a mediator to find a fair and amicable resolution.
Get Legal Guidance for Heirship Partitions
Heirship partitions can be complex, especially when family members have differing interests. Consulting with an experienced Texas real estate attorney can help heirs navigate the legal process, protect their rights, and achieve the best possible 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.