Texas Property Partition Attorneys in Dallas, TX
Under Texas Property Code Chapter 23, joint owners or claimants of real or personal property have an absolute right to compel a partition of their interests. This legal process allows the court to divide ownership interests fairly, either by sale or in kind. This right is considered absolute unless modified or limited by agreement.
Partitions arise in many contexts, including:
- Divorce Proceedings: Community property not divided in the final divorce decree becomes jointly owned by the former spouses as tenants in common. Either spouse may seek partition of such property under Texas Property Code §23.001. While divorce courts use a “just and right” standard to divide community property, partitions under the Property Code presume an even split.
- Business Alliances: Joint owners of property in partnerships, LLCs, or other business arrangements may compel partition under Texas Property Code §23.001. This right applies to real property, personal property, and certain intangible property interests held jointly by business entities or individuals.
- Inheritances and Estates: Heirs with undivided property interests may compel a partition to divide inherited property fairly. Texas law provides a process for partitioning inherited property either in kind or by sale, and the right to partition is absolute.
- Other Circumstances: Under Texas law, partition can be sought by joint owners or claimants with a recognized interest in the property for any reason. The statute applies broadly to real and personal property under Texas Property Code §23.001, ensuring that all parties with a legal claim to jointly held property can seek an equitable division.
Why Legal Guidance Is Important in Property Partition Lawsuits
Partitioning property in Texas is a judicial process governed by Chapter 23 of the Texas Property Code and the Texas Rules of Civil Procedure. Courts require strict compliance with procedural rules, and failing to follow them can lead to delays or reduced recovery. Legal representation ensures that all procedural steps are properly followed and that your rights and property interests are fully protected.
Why Choose Coleman Jackson, P.C. for Property Partition?
At Coleman Jackson, P.C., our Dallas-based commercial real estate attorneys represent clients in all aspects of property partition, for both Plaintiffs and Defendants. Our services include:
- Pre-Partition Representation: Mediation, negotiation, and settlement arrangements before filing a lawsuit
- Filing a Petition: Drafting and filing partition petitions in compliance with Texas law
- Determination of Interests: Advocating for clients to receive their rightful share and addressing legal or equitable issues affecting title
- Partition in Kind or by Sale: Representing clients whether the court orders a physical division or sale of the property
- Execution of Partition: Ensuring court-ordered divisions or sale proceeds are properly distributed
Our team guides clients through every step, ensuring compliance with the law and protecting your property rights.
Get Expert Help with Your Texas Property Partition
Need a skilled commercial real estate attorney for a Texas property partition? Contact Coleman Jackson, P.C. at (214) 599-0431 for expert guidance and representation.
