Texas Complaint for Partition of Real Property

State:
Multi-State
Control #:
US-02663BG
Format:
Word; 
Rich Text
Instant download

Description

A partition involves a court action to divide property. The action usually arises when a property is jointly owned and a dispute arises about how to divide it. The partition statutes govern actions for partition of real property and, in many cases, actions for the partition of personal property. The partition statutes do not apply to property divisions under the Family Law Act or in other types of cases specifically governed by other statutes.


A partition action may be initiated and maintained by a co-owner of personal property or an owner of an estate of inheritance, an estate for life, or an estate for years in real property where such property or estate therein is owned by several persons concurrently or in successive estates. Generally, a partition action may be maintained only by a person having the interest in the property, however, an equitable interest, is sufficient to support a partition action.

Free preview
  • Preview Complaint for Partition of Real Property
  • Preview Complaint for Partition of Real Property
  • Preview Complaint for Partition of Real Property

How to fill out Complaint For Partition Of Real Property?

Have you been in a placement that you will need paperwork for both company or individual uses just about every day time? There are a variety of legitimate record layouts accessible on the Internet, but locating ones you can depend on isn`t straightforward. US Legal Forms provides a huge number of type layouts, just like the Texas Complaint for Partition of Real Property, which can be composed to meet state and federal requirements.

When you are currently knowledgeable about US Legal Forms internet site and have your account, merely log in. Next, you are able to acquire the Texas Complaint for Partition of Real Property web template.

Unless you offer an accounts and wish to begin to use US Legal Forms, abide by these steps:

  1. Discover the type you need and ensure it is to the right town/state.
  2. Take advantage of the Review switch to analyze the form.
  3. Read the explanation to actually have chosen the appropriate type.
  4. If the type isn`t what you`re seeking, take advantage of the Lookup discipline to get the type that meets your needs and requirements.
  5. Once you discover the right type, simply click Acquire now.
  6. Choose the prices prepare you would like, fill in the specified information to make your money, and buy your order using your PayPal or credit card.
  7. Decide on a hassle-free file file format and acquire your copy.

Find all of the record layouts you might have purchased in the My Forms food list. You can get a further copy of Texas Complaint for Partition of Real Property anytime, if necessary. Just select the necessary type to acquire or print out the record web template.

Use US Legal Forms, one of the most extensive variety of legitimate forms, in order to save efforts and steer clear of mistakes. The support provides appropriately produced legitimate record layouts that can be used for a selection of uses. Create your account on US Legal Forms and commence producing your way of life a little easier.

Form popularity

FAQ

A partition action should be filed with the assistance of an experienced partition attorney. The cost of attorney fees in a simple, uncontested partition lawsuit could exceed $5,000 due to the amount of paperwork and filings. If the partition action is contested or overly complex, costs can exceed $20,000 to $30,000.

In a partition lawsuit, there are generally four different steps. First, the court determines each party's ownership interests. Second, the court will decide on the manner of sale. Third, the court will order the property be sold.

The right to a partition is absolute so long as the petitioning party is a joint owner of an interest in the land to be partitioned and has an equal right to possess it along with the other joint owners, subject to any leases. Even the owner of a life estate may compel a partition. Tex. Prop.

An answer to a partition action is a pleading by the defendant in response to the plaintiff's complaint for partition. In the answer, defendants have an opportunity to address the allegations contained in the plaintiff's partition action complaint.

There are at least several ways to win a partition action suit, not the least of which include: Selling your equity at a fair price. Selling the house on the open market. Receiving compensation for money put into the home. Renting the property. Keeping the property for yourself and buying out the other co-owners.

Like any lawsuit, several factors can affect the trial or settlement of a partition case, including the complexity of the case, number of defendants, breadth of discovery, court schedule, and actions or inactions of the adverse party. A partition action can take 6-12 months on average.

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.

How to Stop a Partition Action Forced Appraised Buyout under the Partition of Real Property Act (previously the Uniform Partition of Heirs Property Act) ... Request Determination of Offsets and Reimbursements. ... Challenging a Plaintiff's Ownership Interest (Standing to Bring a Partition Action) ... Waiver of Right to Partition.

Trusted and secure by over 3 million people of the world’s leading companies

Texas Complaint for Partition of Real Property