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Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale.
In a joint tenancy, when one owner dies, their share of the property passes to the decedent's heirs or the persons named in the decedent's will. In a joint tenancy with right of survivorship, when an owner dies, their share of the property goes to the other owners.
This can often be done without going back to court if both parties agree on how to divide the property. If you and your former spouse cannot agree on what to do with undivided community property, either of you may file a ?Suit for Post-Dissolution Partition? under Texas Family Code 9.201.
Sec. 25.11. UNDIVIDED INTERESTS. (a) Except as provided by Section 25.12 of this code and by Subsection (b) of this section, a property owned in undivided interests may be listed jointly in the name of all owners of undivided interests in the property or in the name of any one or more owners.
Your surviving spouse will inherit all your community property if all your children are also your surviving spouse's children; But if you have children from another marriage, all your one-half interest in community property will pass to your children, with your spouse keeping only his or her one-half interest.