The construction industry is fraught with costly legal traps. Let us guide you around the danger spots, and take your side when trouble arises.

Can you force a co-owner to sell real property?

| Nov 18, 2020 | Firm News |

The answer is: yes. Is your co-owner giving you a hard time or does not want to accept an agreed division of land?

This is what the law provides:

Rule 770 of the Texas Rules of Civil Procedure states:

Should the court be of the opinion that a fair and equitable division of the real estate, or any part thereof, cannot be made, it shall order a sale of so much as is incapable of partition, which sale shall be for cash, or upon such other terms as the court may direct, and shall be made as under execution or by private or public sale through a receiver, if the court so order, and the proceeds thereof shall be returned into court and be partitioned among the persons entitled thereto, according to their respective interests.

Section 23.001 of the Texas Property Code states:

A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.

Case law also states:

“It has long been the rule in Texas that community property not partitioned or divided upon divorce is held by the former spouses as tenants in common or joint owners. It has to likewise been the rule in Texas that a suit for partition of such former community property is a proper means of dividing said property between the tenants in common.” Harrel v. Harrell, 692 S.W.2d 876, 876 (Texas.1985). See also Bass v. Bass, 106 S.W.3d 311, 316 (Tex.App.-Houston [1st Dist.] 2003, no pet.); Bishop v. Bishop, 74 S.W.3d 877, 879 (Tex.App.-San Antonio 2002, no pet.).

The right to partition between joint owners is absolute. But this right can be waived or contracted away.” Thomas v. McNair, 882 S.W.2d 870, 878 (Tex.App.-Corpus Christi 1994, no writ).

If you need representation for a partition lawsuit then contact The Weaver Law Firm for a real estate attorney. Give us a call at 713-572-4900. We will be happy to assist you.

 

Contact us today