Co-Ownership Dispute? Don't Let the Court Sell Your Property for Pennies.

If you co-own property in Texas—whether inherited, jointly purchased, or acquired through family—you may wonder: "Can someone force me to sell my share?" The answer is yes. We protect your financial interests in forced sale lawsuits.

The "Absolute Right" to Partition

It is a harsh reality of Texas real estate law: Any co-owner has an absolute right to force the sale of the property.

It does not matter if:

You pay 100% of the mortgage.
You live in the home and the other owner does not.
You have a sentimental attachment to the property.
You own a majority share (e.g., 90%) and they only own 10%.

If one owner wants out, they can file a Partition Action lawsuit. The court will not ask “if” the property should be separated, but “how.” At Saffold Law, we intervene to ensure that this process doesn’t destroy your investment.

How Partition Works in Texas

Texas recognizes two ways to end a co-ownership. Understanding the difference is critical to your case.

1. Partition in Kind (Physical Division)

The court divides the property into separate physical pieces, and each owner gets a deed to their specific portion.

Reality Check: This is usually only possible for large tracts of raw land (e.g., a 100-acre farm).

2. Partition by Sale (Forced Sale)

If the property cannot be divided fairly (like a single-family home or townhome), the court orders the property to be sold. The proceeds are then split among the owners.

The Danger: If the court appoints a “Receiver” to handle the sale, you lose control over the price and pay high fees. We fight to avoid this outcome whenever possible.

The Partition Process: What to Expect

Once a lawsuit is filed, the legal machinery begins to move. While every case is unique, most follow this statutory path:

1. Determination of Ownership

First, the court must legally determine who owns what percentage of the property. We verify deeds and title history to ensure your ownership stake is calculated correctly.

2. Feasibility of Division

The judge decides if the property can be physically split (Partition in Kind). For a house, the answer is almost always “No.”

3. Appointment of Receiver

If the property must be sold, the court appoints a Receiver or Agent to manage the sale. This can be a public auction or a private listing.

Our Strategy: We advocate for a private sale with a realtor we trust to get market value, rather than a “fire sale” auction.

4. The Sale & Division of Proceeds

Once sold, the debts (mortgage, taxes, receiver fees) are paid first. The remaining net proceeds are then divided among the owners based on their ownership percentage—minus any reimbursements.

The Battle for Reimbursement (Getting Your Fair Share)

Just because you split the sale proceeds doesn’t mean it has to be a 50/50 split. If you have been carrying the financial burden, you are entitled to be paid back first.

We meticulously document and fight for Equitable Reimbursement for:

Mortgage & Tax Payments: If you paid the bills while the other owner paid nothing.
Necessary Repairs: Money you spent to maintain or improve the property’s value.
Insurance Premiums: Costs to protect the asset.
Out-of-Pocket Expenses: Any other costs solely incurred by you for the property’s benefit.

Example: If the house sells for $300k, but you spent $50k on a new roof and taxes, we fight to ensure you get your $50k back off the top before the remaining cash is split.

Can You Stop the Sale?

Legally, you cannot permanently block a partition if the other owner insists on it. However, you can control how it ends.

Strategies We Use:

The Buyout: We negotiate a settlement where you buy out the other owner’s interest (or they buy yours) based on a fair appraisal, avoiding the court process entirely.
Private Sale: We agree to sell the home on the open market using a real estate agent of our choice, rather than a court-appointed receiver, to get the highest possible price.
Defense of Equity: If you are being sued, we ensure the other side doesn’t inflate their claims to steal your share of the profits.

How Saffold Law Can Help

We represent Texas clients on both sides of the docket—Plaintiffs (those wanting to sell) and Defendants (those wanting to keep the home).

Filing the Original Petition for Partition.

Actor Portrayal

Defending against aggressive co-owners.

Calculating and proving Reimbursement Claims.

Negotiating structured buyouts and settlements.

Protecting your occupancy rights during litigation.

Don't Wait for the Court Order.

Trying to delay or ignore a partition lawsuit often results in a court-ordered auction where you lose thousands in potential profit. Take control of the situation now.