Full question:
We, 3 Brothers, inherited my Dads duplex when he died. It was to be sold and divided. My oldest Brother was the Executor, but he did not do it. They wanted to wait until my Mother died. I had them all sign a contract that we would sell the duplex when my mother died. When she died, my Brother listed for a half year until last November because of the housing market dropped. The other 2 brothers, myself included, still want it to be listed at market(whatever it is) and sold. We want to Force A sale. Can you help us with that?
- Category: Real Property
- Subcategory: Partition
- Date:
- State: Texas
Answer:
A partition action is a legal process to divide property among co-owners. This action is typically used when there is a disagreement about how to divide or sell jointly owned property. In your case, since you and your brothers co-own the duplex, any one of you can file for a partition action to compel the sale of the property and divide the proceeds.
In Texas, partition actions are governed by specific statutes. A co-owner can initiate a partition action in the district court where the property is located (Tex. Prop. Code § 23.002). This action can lead to either a division of the property or a sale of the entire property, depending on what the court decides is most equitable.
During the partition process, all co-owners will have equal access to the property, regardless of whose name is on the mortgage. The court may also appoint commissioners to oversee the partition and determine the property's value, which will guide the sale process.
If you wish to proceed, it’s advisable to consult with a lawyer who specializes in real estate or probate law to guide you through the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.