Partition is the legal term referring to division of real property interests among co-owners (tenants in common). Very generally, the partition of real property is the division of previously undivided interests among joint owners or cotenants1.This agreement should be filed with the county clerk where the property exists, just as a deed would be. The partition process even provides for the right to a private sale as between the parties, if one or more of the co-tenants desire to buy-out the other owners. Texas Property Code Sec. 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 friendly divorce, couples agree to divide marital assets, including real estate. Texas law assumes that two unrelated property owners are "tenants-in-common" which means that each person owns an undivided one-half interest in the property. Navigate property division in divorce Texas law with our comprehensive guide. Start making a comprehensive list of all assets and debts, both separate and community property, which would include:
