Texas Assignment of Interests in Right of Way (Undivided Interest)
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FAQ
Sale/Liens Any co-tenant may sell or convey his undivided interest in the property, but such sale will only convey an undivided interest, and the buyer or assignee will become a co-tenant with the other owners.
Tenants in common each jointly hold an undivided interest in the property. This means they each own their portion of the whole, rather than owning some identifiable, specific part of the whole.
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.
Texas law provides each co-owner of real property with an absolute right to have their property partitioned through a forced judicial sale.
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.