Texas Partition Agreement With Sale In Bexar
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The process of partition action starts with one or more owners filing a petition in court. The court then examines the real estate details and the owners' interests to decide on the best division method.
A partition agreement divides, or partitions, a married couple's community estate into two separate estates. It is sometimes called a post-nuptial or post-marital agreement and is similar to a prenuptial agreement, except that it is executed by a married couple.
Home » Do I Need Both A Real Estate Agent And A Real Estate Attorney To Buy Or Sell Property In Texas? In Texas, it is not legally required to hire a real estate attorney in order to buy or sell property.
In short, to force the sale of jointly owned property, you must first confirm title, then attempt a voluntary sale or buyout, file and serve a partition lawsuit, get an appraisal, sell the property, and finally divide the sale proceeds fairly.
Real Property documents may be filed and recorded with the Bexar County Clerk's Office in person or by mail. The original documents with original signatures are required for the recording. The County Clerk's Office will not record a copy. Recordings are completed immediately in the County Clerk's Office.
Unless both spouses agree, a spouse must prove that something is separate property by “clear and convincing evidence.” If a spouse cannot prove something is separate property, it is considered to be community property. Read Gathering and Presenting Evidence to help you understand what is allowed in court.
If one owner wants to sell a jointly owned property but the other owner(s) refuse, the party seeking to sell can file a partition action. This legal procedure allows a court to intervene and force the sale of the property, dividing the proceeds among the owners ing to their ownership interests.