The Daves Law Firm assists co-owners and heirs in with the partition and division of real estate in Austin, Texas. Partition may be accomplished voluntarily, if all co-owners agree to the partition, or, if they cannot agree, through a lawsuit to compel partition.
Voluntary Partition. Persons who co-own property may agree to partition their land so that each co-owner receives a separate tract. This division may accomplished by written agreement or deed.
Suit for Partition. When co-owners cannot agree among themselves to a voluntary partition, a co-owner may compel partition by judicial proceedings. The main purpose and ultimate object of a partition suit is the compulsory division of property between joint land owners, according to their respective ownership interests, in order that the property may thereafter be owned, possessed, and enjoyed in severalty. The court determines the share or interest of each of the joint owners or claimants in the real estate sought to be divided, and all questions of law or equity affecting the title to the land, and orders the division of the property.
If the court decides that a fair and equitable division of the property cannot be made, it must order a sale of the property with the sale proceeds to be shared among the co-owners. This is usually the case where the property in question is a house situated on a small lot. A house cannot realistically be divided up. Therefore, a court must instead order that the house be sold and the proceeds shared among the respective owners.
Any joint land owner, or claimant of an interest in real property who has an equal right to possession of the property, may compel a judicial partition of the property. The right to partition is considered absolute.
Contact the Daves Law Firm today if you need assistance with a partition.
Copyright © 2021 The Daves Law Firm - All Rights Reserved.