How to Divide Undivided Interests in Land in Texas

In this video, Attorney Philip Hundl gives an overview of how to divide undivided interests in land in Texas. Call 800-266-4870 or text 979-320-9320 for an appointment with Philip to safeguard your property rights during the partition process. Our office is in Wharton County, but we work for landowners all over Texas.

How to Divide Undivided Interests in Land in Texas

Understanding How to Divide Undivided Interests in Land Ownership: A Guide

Hello, I’m Philip Hundl, and today I’ll be discussing an important aspect of land ownership, specifically the concept of undivided interest in property. This is a topic that has led to various misconceptions and questions, and my aim today is to clarify these aspects for you.

To begin with, let’s consider an example. Suppose there’s a hundred-acre tract of land and a person is a 50% owner in that tract. There’s a common misconception that this ownership translates to owning 50 acres out of the 100 acres, because the individual owns a half interest in the land. But in reality, you actually own 50% of the entire 100 acres, not a specific 50-acre portion. Essentially, you don’t own a specific part of the total tract but rather a percentage of the entire tract.

This then brings us to the question: what can an undivided interest owner do if they would like to partition or sell their interest? Luckily, the Texas Property Code Section 23 provides certain procedures and a method for an undivided interest owner to either divide the tract of land in which they own an undivided interest or request the court to sell the entire tract and distribute the proceeds from the sale.

Steps to Divide Undivided Interests

This particular section of the property code is handy because it provides remedies for situations like these. However, there are certain steps to follow, and the procedure is typically carried out in court. The process begins when a petition for partition is filed with the court. A judge may then appoint commissioners (usually three) who will evaluate the property and determine how it can be partitioned, and propose a recommended way to partition or divide that tract of land.

If, in the commissioners’ opinion, the land can be partitioned, they suggest it for partitioning. The court then reviews the partition proposal at a hearing and decides whether the land can indeed be partitioned or divided. If it’s determined that the land cannot be partitioned, the alternative is that the property is sold as a whole, with the funds divided among the undivided interest owners.

In addition to the partitioning route, an undivided interest owner can directly ask the court to sell the property if they believe that it cannot be partitioned or divided. This provides several remedies or alternatives for an undivided interest owner. Even though they might feel stuck or in a jam because they own a piece of property with several other individuals, the law does offer a remedy—an outlet for an undivided interest owner.

You Need an Attorney Who Has Extensive Experience in Land Partition to Protect Your Rights

If you have additional questions or follow up questions about undivided interest in land or partitions of land, I would be more than happy to answer your queries. Understanding your rights as an undivided interest owner is crucial, and I’m here to help. Thank you .

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