TEXAS PARTITION LAW
How To Divide Property Through a Texas Partition Action
When more than one person owns a property jointly, the parties each have a right to possess the entire premises. When only one party wishes to continue to occupy or own the property, the party that has been ousted has a right to file for a partition of the property so that they can recover the value of their interest in the land. If the parties can agree on the partition, they can negotiate a voluntary partition with their attorneys. If not, they will have to engage in partition litigation. In Texas law, one can partition a 401k or other assets that are held jointly in addition to land.
Land can be divided through a partition in kind or a partition by sale. A partition in kind physically divides the property by carving out a piece for each party. A partition by sale orders a sale of the property at auction, and the parties divide the proceeds from the sale. The division of the proceeds or land depends on the type of tenancy the parties held the property in. If they were joint tenants, they have to share the land equally. If they were tenants in common, they will split the partition according to each person’s ownership interest.
Texas is a title theory state, which means that any lender who holds a mortgage on the property has title to the home through a deed of trust. This means that the bank or lender is a necessary party to any partition litigation, although they are not capable of forcing a petition themselves – their remedy remains in foreclosure. If you own property in Texas and you no longer wish to, you can speak with a Texas partition lawyer about your property rights.