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Partition Suit Law

What is a partition suit?

A partition suit can be filed to either split up property between two people or to be forced to sale the whole property. Normally if someone is dealing with unimproved land, the property will be split up between the owners. If a house is involved this cannot be split up, instead it will be sold and then what is received from the house will be split up between the owners.

If an individual has part ownership to a house what is an option to get out of owning the house?

There are a couple options this individual would be entitled to. One being both individuals agrees to sell the house, and split the money from the house. In the case that one person does not agree to see the house, then the individual would need to have an appraisal done by an appraiser and pay the other member half of what the home is worth. If neither one of these options are agreed upon, the individual can hire an attorney to help file a suit for partition if the property can be divided up, or forced to sale.

In the state of Texas if two joint tenants agree to sell a home, can they force the third tenant to abide by this decision?

In order to follow through with selling the house the two who want to sell the house will need to file a suit to partition for the property in the state of Texas. The court can order it to be sold and the earnings to be split between all three parties. After the house is sold, the costs for filing the suit of partition, legal fees and realtor fees will come from the earnings of the home, and then the remaining will be divided equally by the judge.

In the state of Texas there are three owners to a house two of which wants to sell the home, but one has been living in the home, is there any way those two can continue to sell the home?

In the state of Texas the law allows a suit to partition on jointly owned property. The court will need to order a sale of the property and then the money that is received from selling the home will be divided up. The costs of the lawyer, and the realtor will be taken off the amount that is received from the sale. The individuals will need to contact a local real estate lawyer to file this type of suit in the county that the property is located in.

If five individuals own one property, can they force one of the owners out of the property?

Legally, if this individual has ownership to be property they cannot be forced out unless there is courts ordered sell. In this case any of the owners of the property can file for a civil suit to partition the property and force a sale and divide the earnings up between all five individuals. Unless there has been a suit of partition they will not be able to remove this person from the property since they are part owner. With that being said, all of the other owners will have the same rights to enter the property.

When jointly owning property, there are many issues that can come up. This can include on individual not wanting to sell the property whereas the other individual wants to. In this case one individual can file a suit for partition. For more information on how to file a suit for partition contact the Legal Experts online.

Ask a Real Estate Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 5366
Experience:  17 years of legal experience including real estate law.
4460311
Type Your Real Estate Law Question Here...
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8 Real Estate Lawyers are Online Now

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  • Get a Professional Answer
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    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Real Estate Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 4813
16 years of legal experience including real estate law.
Law Pro
Lawyer
Satisfied Customers: 6227
20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
Barrister
Lawyer
Satisfied Customers: 4966
13 years real estate, Realtor. Landlord 24+ years

Recent Partition Suit Questions

  • Hello Ray! I have a similar question regarding a deed of trust

    Hello Ray! I have a similar question regarding a deed of trust with rights of survivorship. My previous partner purchased a home through VA in 2001. In 2010 we separated and I was left with the house. I demanded that we see a lawyer regarding having my name added to the deed of trust. This was done, but I was never on the loan. He had not made payments ever, and I cannot sell the house because he does not want to. So, long story short, we are at a stalemate. My question is, can the bank get a clear title to the property if I decided to stop making payments since I have half owner but not obligated for the debt?
  • My ex-wife and I went through a dissolution in 2009. I signed

    My ex-wife and I went through a dissolution in 2009. I signed a quit claim deed and gave her the rights to the house. She was supposed to refinance and get the mortgage out of my name 2 years ago. I have been slow to push the issue with her because of my son living there. Now he has graduated and is living there rent free with his friends. She has moved out and is not taking care of the property any more. In the mean time she has started a business and taken out a loan for a new car. She keeps telling me the bank refuses to refinance her. My lawyer is holding the quit claim deed until the home gets sold or refinanced. The mortgage will be paid off in 3 years and my Ex is still making the payments. My problem is the house getting trashed and me still being on the mortgage. What are my best options?
  • Bought property with daughter and her husband. property is

    Bought property with daughter and her husband. property is held in joint tenancy. When property was purchased it was paid 50% by me and 50% by them. They are divorcing. How does this effect the property if they want to buy each other out. Does it affect only their 50% or am I going to be affected by this. Also is it possible to split the land and take title on 2 parcels separately
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