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How can you navigate the complex land partition process in Texas? My name is Philip Hundl, and Hundl Land Partition is here to show you how.

I’m an experienced Texas attorney focusing on helping clients in land partition and in dividing undivided interests.

Attorney Philip Hundl - Land Partition Attorney
Philip Hundl – Land Partition Attorney

My Landowner Dispute Resolution Experience & Focus

Land Partition

Helping landowners through the complex and often lengthy process of land partition. Years of experience translate to sometimes innovative solutions to land partition disputes.

Eminent Domain & Condemnation

Representing landowners in condemnation cases related to pipelines, high-voltage transmission lines, canals and highways all across Texas.

Land Dispute Mediation

Using the mediation process to guide landowners toward the resolution of disputes including partitions, easements, and fencing and boundaries.

Frequently Asked Questions about Texas Land Partition and Dividing an Undivided Interest in Land

This overview provides general insights into each question but remember that individual cases may vary greatly, necessitating personalized legal advice.

General Questions

What is a property partition in Texas?

Property partition refers to the legal process of dividing real property among co-owners so that each owner ends up with a distinct portion of the property or its value.

How does Texas law handle the division of undivided interests in land?

Texas law allows co-owners of undivided interests in land to seek a judicial partition, where the court can order a partition in kind (physical division) or a partition by sale, depending on what is just and equitable.

What are the main types of property partitions in Texas?

The main types are partition in kind (physical division of the property) and partition by sale (selling the property and dividing the proceeds).

Can co-owners of property in Texas force a partition?

Yes, any co-owner of property in Texas has the right to seek a court-ordered partition, regardless of the wishes of the other co-owners.

Legal Process

What legal steps are involved in partitioning property in Texas?

Filing a petition for partition, serving all co-owners, first trial determining the type of partition, appointment of commissioners and surveyor, possible second trial.

Do I need a lawyer to partition property in Texas?

While not legally required, having a lawyer is highly advisable due to the complexity of property law and the legal process involved.

How long does the partition process usually take in Texas?

The duration can vary widely, from a few months to over a year, depending on the complexity of the case and court schedules.

What are the costs associated with partitioning property in Texas?

Costs can include court fees, attorney fees, appraisal costs, and potentially costs related to selling the property if a partition by sale is ordered.

Partition by Sale

What is a partition by sale and when is it used?

A partition by sale is ordered when a physical division is not feasible or would greatly diminish the value of the property. The property is sold, and proceeds are divided among the co-owners.

How is the sale price determined in a partition by sale?

The sale price is typically determined through an appraisal process, market analysis or, as ordered by the Court.

What happens to the proceeds from a partition by sale?

Proceeds are divided among the co-owners according to their respective interests in the property, after paying off any debts or expenses related to the sale and partition process.

Partition in Kind

What is a partition in kind and when is it preferred?

A partition in kind is a physical division of the property into distinct portions for each co-owner. It’s preferred when feasible and when it won’t significantly harm the value of the property.

How is land divided in a partition in kind?

Land is divided based on fair market value assessments, often by appointing commissioners to propose an equitable division.

Can improvements on the property affect a partition in kind?

Yes, improvements can complicate division as their value must be equitably accounted for in dividing the property.

Dispute Resolution

What common disputes arise during property partition in Texas?

Disputes may include disagreements over valuation, division method (sale vs. kind), allocation of proceeds, or management of shared expenses prior to partition.

How can co-owners resolve disputes during the partition process?

Through negotiation, mediation, or arbitration. Court intervention may be necessary if these methods fail.

What role do mediators play in resolving partition disputes?

They provide an impartial perspective to help co-owners reach an equitable agreement without resorting to litigation.

Special Considerations

How does partition affect mortgage obligations on the property?

Mortgage obligations must be addressed in the partition process. The debt might need to be paid off at sale or refinanced by individual owners if a partition in kind is granted.

Can co-owners prevent a partition?

Generally, no. Co-owners have rights to seek partition, though specific agreements may initially limit this right.

Are there any tax implications of partitioning property in Texas?

Yes, there can be tax implications related to capital gains from sales or adjustments in property tax assessments following a division.

After Partition

What happens after the property is successfully partitioned?

Each co-owner receives their portion of the property or sales proceeds.

Client Reviews

Google Review

Pleasure doing business with Phil and Laura. Phil was very methodical in his approach to the situation regarding an oil pipeline on my property. Laura paid the utmost attention to every detail of my case and made sure all my questions were answered and concerns addressed. Pleasure working with this firm and will be sure to use them again if the need arises.

– Alexander P.

GatherUp Review

Phillip Hundl was excellent to work with. We feel that he was very fair and very knowledgeable. We felt he treated us with respect and helped us the best way possible. Will definitely continue to use him for all of our needs.

– Jason H.

Recent Hundl Land Partition Blog Posts

The following are recent blogs posts describing the land partition process. Please click the button below to see all of the posts.