Sample Partition Agreement With Sale In Texas
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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.
Section 23.006 - Access Easement for Partitioned Property (a) Unless waived by the parties in an action to partition property under this chapter, the commissioners appointed to partition property shall grant a nonexclusive access easement on a tract of partitioned property for the purpose of providing reasonable ...
Remedy for Excessive Appraisal. If the court determines that the appraised value of property ing to the appraisal roll exceeds the appraised value required by law, the property owner is entitled to a reduction of the appraised value on the appraisal roll to the appraised value determined by the court.
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.
23.001. PARTITION. A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.
4.102. PARTITION OR EXCHANGE OF COMMUNITY PROPERTY. At any time, the spouses may partition or exchange between themselves all or part of their community property, then existing or to be acquired, as the spouses may desire.
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. The court must order the property partitioned. Partition is sometimes referred to as a “forced sale.” Partition only applies to real property and not personal property.
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.