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Imagine this. Your parents leave behind the family home, filled with memories of holidays, milestones, and everyday moments. You and your siblings inherit it together. You want to keep the home in the family, but one of your siblings insists on selling. Another sibling has already started making improvements and wants to be reimbursed. Before long, emotions spill over into a courtroom, and a judge must decide what happens to the property. The decision is made but it does not feel fair to you.
At FOREVER LEGAL, we know that disputes like this are not just about property. They are about family, legacy, and making sure everyone’s rights are respected. Texas law provides a structured process for handling these situations, and understanding that process can help you protect both your inheritance and your peace of mind.
The Basics of Partition in Texas
When heirs inherit property together, they usually hold it as tenants in common. This means each heir owns an undivided interest in the property. If disagreements arise, Texas law allows heirs to ask the court for a partition, which is the legal process to separate ownership. The district court has jurisdiction to partition real estate when there is no pending or necessary administration of the estate.
Homestead Protections
Special rules apply to homestead property. The Texas Constitution and the Texas Estates Code prohibit partition of a homestead while a surviving spouse is living in it or while minor children are entitled to use it. Only after these protections expire can a homestead be divided among heirs.
Heirs’ Property and the Uniform Partition of Heirs’ Property Act
Not all inherited property is treated the same. If the property qualifies as “heirs’ property” under the Uniform Partition of Heirs’ Property Act, the court must apply additional protections. This includes confirming whether the property was inherited through family relationships, whether it is held as tenancy in common, and whether certain ownership thresholds are met. If the property is considered heirs’ property, the court must follow procedures such as requiring an appraisal, considering sentimental value, and ensuring fairness among cotenants.
Partition in Kind or by Sale
The court will first consider whether the property can be fairly divided among heirs. This is called partition in kind. For example, if siblings inherit a large piece of land, it may be possible to divide it into equal sections. Commissioners may be appointed to oversee this process. If a fair division is not possible, the court may order the property to be sold and the proceeds divided among the heirs. Texas courts have emphasized that partition by sale should only occur when partition in kind is not feasible.
Partition cases are not always straightforward. Sometimes, one heir may have paid more than their fair share of property taxes, made improvements to the home, or otherwise invested in the property. Texas courts have the power to adjust for these contributions to make the outcome more equitable. These adjustments may come in the form of financial compensation or credits at the time the property is divided or sold.
Final Decree
At the end of the process, the court issues a final decree. This decree sets out exactly what each heir is entitled to receive. If the property is divided in kind, the decree will describe each share in detail. If the property is sold, the decree will explain how the proceeds are to be distributed. This decree serves as the binding resolution of the dispute.
Conclusion
Partition of inherited property in Texas can be a highly emotional and legally complex process. While heirs generally have the right to seek division of the property, there are important protections in place for homesteads, agreements among heirs, and property that qualifies under the Uniform Partition of Heirs’ Property Act. Courts have discretion to order a division of the property, a sale, or equitable adjustments to make the process as fair as possible.
At FOREVER LEGAL, we believe every heir deserves clarity and fairness when it comes to their inheritance. If you find yourself in a dispute with family members over inherited property, our team is here to guide you through the legal steps and protect what matters most.
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