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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.
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Recent Partition Suit Questions

  • I was divorced in 2007. At the time I signed a quick claim

    I was divorced in 2007. At the time I signed a quick claim deed for a marital condo in Florida. My ex was ordered to refinance the condo and I was ordered to refinance our house. I did my part but my ex, a lawyer, has not done his. I understand a judge cannot order a bank to give him refinancing and I think his credit won't allow it, even though he bought a new house and owns 4 cars. I have been turned down for multiple loans even though I have a credit score of almost 800 because he hasn't refinanced to remove my name. I live in Illinois. I doubt a judge can force him to sell the condo, so am I screwed or do I have any other options? Can I file a "partition" suit if I've already signed the quick claim relinquishing rights? I was recently in court but the judge pretty much said he wasn't going to force a sale.
  • I am in a tenant in common ownership situation where myself

    I am in a tenant in common ownership situation where myself and my two sisters are lessees of a property and myself and one of my sisters agree to sell the lease but the other co owner is being uncooperative and refusing to sign over the lease. My question is what are my options and can I file a partition suit? Thank you for listening.
  • My brother and I are co-owners of my moms house. My mom passed

    My brother and I are co-owners of my moms house. My mom passed away in October 2012. Her final wishes were my aunt live in the house. However she never made out a will. Therefore my brother wants to sell it. This entire time I have been keeping up the bills since I am the administrator of the estate for probate. My brother hasn't helped at all even though I have asked several times. I recently paid taxes on the house in the amount of $1,628.28. I have asked him to pay half and he hasn't yet. Is there anything I can do? I have even offered to buy him out, buy he wants more money than I can pay him.
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