When multiple people share ownership of real estate, disagreements can quickly turn into serious legal disputes. This is especially common among family members who inherit property together or business partners who co-invest in land. If the co-owners cannot agree on how to manage, sell, or divide the property, one party may need to file a partition action to resolve the issue. In Texas, partition lawsuits are a legal remedy that allows a court to divide the property fairly or force a sale when a physical division isn't feasible.
If you're dealing with a co-ownership conflict, an experienced Austin real estate lawyer can help you understand your rights and guide you through the partition process.
What Is a Partition Action in Texas?
A partition action is a lawsuit filed by one or more co-owners (also called cotenants) to force the division or sale of jointly owned real property. Under Texas law, any co-owner of property has the right to seek a partition, even if the other owners disagree. This legal action is often used when the parties can't agree on whether to sell the property, how to split expenses, or how to use the property.
There are two main types of partition in Texas:
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Partition in Kind – The court physically divides the land into separate parcels. This is most appropriate for large rural tracts or properties that can reasonably be split without diminishing value.
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Partition by Sale – If the property cannot be divided fairly, the court may order the entire property to be sold and the proceeds distributed to each co-owner based on their ownership interest.
Common Scenarios That Lead to Partition Actions
Partition lawsuits often arise in the following situations:
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Inherited Property – Siblings or family members inherit a home or land and cannot agree on whether to sell, rent, or keep it.
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Unmarried Couples – Partners who purchased property together but later separate and disagree on ownership or use.
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Business Disputes – Joint venture partners or real estate investors have conflicting goals for the property.
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Unequal Contributions – One co-owner believes they’ve paid more into the property and wants a larger share or to cash out.
Regardless of how the property was acquired, if the co-owners cannot reach a resolution, a partition action may be the only way to move forward.
Texas Law on Partition Actions
Texas Property Code § 23.001 grants every co-owner the right to file for partition. The law does not require all owners to agree before a lawsuit is filed, and a court will not deny the right to partition just because other parties object.
Key points under Texas law:
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Each co-owner has an undivided interest, meaning no one has a specific claim to any portion of the land until the property is partitioned.
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A court will first attempt a partition in kind, but if that would "substantially diminish the value of the property," a partition by sale will be ordered.
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Courts consider expert appraisals, surveys, and real estate valuations when determining whether a physical split is possible.
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The proceeds from a court-ordered sale are typically divided based on each party’s ownership percentage, though adjustments may be made for unpaid taxes, repairs, or other contributions.
An Austin real estate lawyer can evaluate whether your case is likely to result in a partition in kind or a sale and can advocate for a fair division of both the property and proceeds.
How the Partition Process Works
Here’s a simplified overview of the steps involved in a Texas partition action:
1. Hire an Attorney
Partition actions are civil lawsuits and should not be handled without legal representation. A skilled Austin real estate lawyer will assess your rights, prepare your case, and manage all court filings and procedures.
2. File the Lawsuit
The lawsuit is filed in the county where the property is located. The petition should identify all co-owners, describe the property, and request a partition in kind or by sale.
3. Serve the Other Parties
All co-owners must be notified of the lawsuit. If someone cannot be located, the court may allow alternative service by publication.
4. Property Valuation
If partition in kind is being considered, the court may appoint a receiver, commissioner, or real estate expert to inspect and appraise the property.
5. Court Decision
Based on the evidence, the court will decide whether a physical division is possible or if a sale is required. If a sale is ordered, the property is often sold at public auction, though a private sale may be permitted.
6. Distribution of Proceeds
After the sale, the court oversees distribution of net proceeds based on ownership shares and any court-approved reimbursement claims.
Why You Need an Austin Real Estate Lawyer
Partition actions can be complex and emotionally charged—especially when family property is involved. It’s not just about dividing land or money; it’s about ensuring that your rights are protected and your financial interests are secured.
An Austin real estate lawyer can help you:
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Determine if partition is your best option
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Prove your ownership percentage
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Present evidence of contributions or improvements to the property
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Challenge or defend against claims by other co-owners
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Negotiate settlements to avoid trial
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Handle the sale and distribution of funds through the court
Alternatives to Partition Litigation
Litigation can be time-consuming and costly. Before going to court, you may want to explore these alternatives:
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Buyouts – One co-owner buys out the others.
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Mediation – A neutral third party helps the owners reach a private agreement.
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Voluntary Sale – The parties agree to sell the property and split the proceeds without court involvement.
A real estate attorney can help structure these options in a legally binding way that protects all parties.
Final Thoughts
If you're caught in a dispute with other co-owners of real estate, you don’t have to stay stuck. Partition actions offer a legal solution for moving forward, whether that means physically dividing the land or selling it and walking away with your share.
At Baker Law Group, our experienced Austin real estate lawyers are ready to help you resolve co-ownership conflicts with clarity, strategy, and efficiency. We’ll walk you through every step of the partition process—and fight for a result that protects your property rights.
Contact us today to schedule a consultation.
