What to Do When a Co-Owner Wants to Sell Texas Land and You Don’t

Disagreements between co-owners of land in Texas are not uncommon, especially when one owner wants to sell the property, but the other does not. Whether the land is inherited, purchased together, or jointly owned through another arrangement, conflicting goals can quickly lead to tension. One owner may see the property as a valuable investment, while the other may have sentimental attachments or long-term plans. Understanding your rights as a co-owner is crucial in these situations. This post will explain your legal options when a co-owner wants to sell Texas land, but you wish to keep it.

Co-Ownership of Real Property in Texas: How It Works

In Texas, co-ownership of land generally falls under two primary categories: joint tenancy and tenancy in common. Understanding the difference between these two is critical when disputes arise.

• Joint Tenancy: This form of ownership means all co-owners have equal shares of the property, with a right of survivorship. If one co-owner dies, their share automatically passes to the remaining co-owners. However, this form of ownership is less common for Texas land due to its strict requirements for creation.
• Tenancy in Common: This is the most common form of co-ownership in Texas. Each co-owner can hold an unequal share of the property, and there is no right of survivorship. If a co-owner dies, their share passes to their heirs rather than the other co-owners. Each co-owner has the right to use and occupy the entire property, regardless of the size of their share.

Before you can negotiate or pursue legal action to keep your property, it is vital that you have a clear picture of your ownership rights.

Legal Options for Keeping the Property

If a co-owner wants to sell Texas land but you do not, you could have several legal options at your disposal to resolve the dispute. Each option has its benefits and challenges, depending on the circumstances.

Negotiation

The best approach is to start with open communication. Discuss your goals and see if a compromise can be reached. Sometimes, the co-owner who wants to sell may agree to delay the sale or explore other arrangements. This could include reaching a partition agreement where the premises are split, with you retaining a specific portion.

Buyout Arrangement

If negotiation fails and an agreed-upon partition is not an option, consider a buyout. This means you purchase the other owner’s share, becoming the sole owner of the property. The buyout price can be negotiated or determined through an appraisal. Not everyone has the resources to make this kind of purchase, however.

Mediation

Mediation involves a neutral third party who helps both sides reach a voluntary agreement. It is less expensive and faster than going to court, but requires both parties to be willing to participate. Mediators can help you work through disputes that seemed impossible at a fraction of the cost of litigation.

Partition Lawsuit

If no agreement can be reached, a co-owner can file for a partition lawsuit in a Texas court. The court will decide whether to physically divide the property or order a sale with proceeds distributed among the co-owners. Typically, this is the last result for the owners of real property.

Reach Out to The Stepp Law Firm, PLLC Today

Resolving these disputes can be difficult without help. Contact our firm today to discuss your options during a private consultation.