Partitioning Real Property

It often happens when several people own real property together, they all may not agree on whether to sell the real estate. The law permits us under certain circumstances to force the sale of the property. This is the process of partitioning. In other situations, it becomes desirable to break that property apart with the pieces going to the multiple owners. We can help with that process.

Described in Chapter 23 of the Texas Property Code, partitioning is the process of dividing real property fairly among joint owners. Partitioning can be a voluntary process agreed upon by all parties, or it can be directed by the courts as the outcome of a partition suit.

Partitioning may be voluntary, by agreement or partition deed; or, if no agreement is reached, one or more joint owners may seek a court-ordered division by means of a partition suit. It is also possible to file a "friendly" partition action if the parties desire a court decree that ratifies their agreement.

There are two kinds of judicial partitioning:

  • In kind partitioning, also called actual partitioning, refers to the actual physical division of land
  • Judicially ordered sale of the property, where partition in kind is inappropriate or impractical or cannot be accomplished in a way that is fair.

You may have questions regarding the appropriate remedy when there is no common title or title is in dispute. We will be glad to help you understand appropriate methods.

Our real estate lawyers have the experience and skills related to partitioning land. We want to help you achieve the outcome you need. To discuss your proposed partitioning, we invite you to talk to us. Call our attorneys in Houston at 713-454-7875 or email us your concerns.