Texas Agreement to Partition Real Property According to Award of Surveyor
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FAQ
Costs in a partition action are paid by each party pro rata ing to the value of that party's partitioned share.
A partition action can take 6-12 months on average. If the partition lawsuit involves land that is to be partitioned "in-kind", you can expect 12-24 months before final judgment. In most cases, partition actions are settled out of court.
In Texas, disputes involving jointly owned property are frequently settled through a legal process known as ?partition.? When co-owners of a home cannot agree on matters relating to the home, the court can force the sale of the real property and distribute the proceeds of the sale to the co-owners per their ownership ...
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 partition by allotment, which is not available in all jurisdictions, the court awards full ownership of the land to a single owner or subset of owners, and orders them to pay the person or persons divested of ownership for the interest awarded.
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.
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.