Partition Rules In Texas
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FAQ
Here are three of the most popular strategies defendants will use to stop someone from selling jointly owned real estate: Review contractual agreements. Sell your share to another co-owner. Secure a buyout of your co-owner's share.
How Partition In Texas Works. Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale. Texas courts are required to partition property even if only one co-owner makes such a request, and the courts have no wiggle room or discretion.
Legal Notice: If no agreement is reached, a legal notice must be served to all parties, informing them of the intent to partition the property. Filing a Partition Suit: In case of disagreements, a partition suit can be filed in court. The court examines all evidence and issues a decree for the division of property.
When someone dies without a will or transfer on death deed, their property is automatically distributed to heirs through a process called intestacy. Intestacy laws determine who inherits the home and other assets. The deceased person's spouse and children are typically first in line to inherit the home.
Any co-owner—called a co-tenant—or a creditor can force a sale of the property. A creditor can also seize at least a portion of the debtor's property or the proceeds of a sale.
Typically, a partition action cannot be stopped once a lawsuit is filed because anyone who wants to dissolve ownership that is jointly owned with another person has a legal right to sell his/her interest if desired.
One common misconception among divorcing couples in Texas is that all assets are automatically split 50/50. The automatic 50/50 split is a myth!
Every co-owner of an interest in the property (no matter how small) must agree in order for a voluntary partition to occur. The remedy when agreement cannot be reached is for one or more of the co-owners to seek a court-ordered division by means of a partition suit.
It is presumed that any property on hand at the time of divorce is community property. The spouse who is claiming an asset as his/her separate property has the burden of proving that claim by clear and convincing evidence.
