A joint owner or a claimant of real property or an interest in real property may bring an action to partition the property or interest in a district court. Texas Rules of Civil Procedure Part VII - Rules Relating to Special Proceedings Section 4 - Partition of Real EstateHow to win a partition action? 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. File a partition suit (force the sale of the property) and demand an accounting and sue Christina for any funds that you were entitled to receive. Rules 756771 and Rules 776778 set out the procedure rules for partition of real estate. Rule 762 - Writ of Partition.