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Owning property with someone can be a rewarding experience. Whether you’ve invested in a rental home with a friend or inherited a family ranch with siblings, sharing ownership often makes sense. However, conflicts can arise when co-owners don’t see eye to eye on decisions about the property. This situation is common in Texas, where joint property ownership is often tied to family inheritances, business ventures, or even divorces.
So, what happens when co-owners of a property can’t agree?
If you’re involved in a joint property ownership disagreement, you need a Houston co-owner dispute and partition lawyer on your side. At Pathways Property Lawyers, we’ve helped countless property owners in Houston resolve disputes and disagreements while protecting their property rights. We can do the same for you!
In Texas, property ownership laws provide for two primary types of co-ownership: joint tenancy and tenancy in common. Each has different rules regarding how the property is shared and what happens when disagreements occur.
Regardless of the type, both forms of co-ownership require shared decision-making. That’s where problems can arise.
Disagreements among co-owners can arise for many reasons. However, here are some of the most common:
No matter the cause, unresolved disputes can lead to legal complications if not handled properly. When co-owners don’t see eye to eye, everyday disagreements—like who should pay for a repair or whether to sell the property—can escalate into drawn-out legal battles. These disputes not only strain relationships but can also jeopardize the property itself.
For example, if co-owners can’t agree on paying property taxes or covering mortgage payments, it could lead to foreclosure or tax liens. Similarly, disagreements about maintenance or repairs can leave the property in poor condition, reducing its value over time. In extreme cases, ongoing conflict might even result in legal action, like lawsuits or partition actions, which are both costly and time-consuming.
The longer these issues remain unresolved, the more complicated—and expensive—they become. That’s why co-owners must address disputes promptly and take proactive steps to find a resolution, whether through negotiation, mediation, or legal intervention. Quick action can prevent small disagreements from snowballing into significant legal and financial challenges.
Fortunately, Texas law provides co-owners with a few options when they need to resolve a disagreement or dispute.
The easiest and least expensive option is to sit down and try to reach an agreement. Mediation can help if emotions run high. A neutral third party can guide the discussion and help find a middle ground.
Example: If one co-owner wants to sell the property but the other wants to keep it, they might agree on a buyout, where one owner pays the other for their share.
Texas courts prefer this option if it’s feasible. Partition in kind involves physically dividing the property into separate portions. Each co-owner gets their own piece to manage or sell as they see fit.
For example, if two siblings inherit 100 acres of land, a court might split it into two 50-acre parcels. However, this option isn’t always practical, especially for properties like single-family homes or commercial buildings.
When dividing the property isn’t possible, the court may order a partition by sale. In this case, the property is sold, and the proceeds are divided among the co-owners based on their ownership shares.
This process is often contentious because it forces a sale, even if one owner wants to keep the property. Still, it’s a common solution when co-owners are at an impasse.
If the disagreement is about money—such as one co-owner refusing to pay their share of taxes or maintenance costs—Texas law allows for financial remedies. A co-owner may file a lawsuit to recover expenses or compel the other party to contribute.
Disputes among co-owners can be stressful, but Texas law offers several paths to resolution. Whether through negotiation, mediation, or a court-ordered partition, there are ways to break the deadlock.
If you’re in a co-ownership situation, you need an experienced and trusted law firm standing behind you. At Pathways Property Lawyers, our Houston co-owner dispute and partition lawyers will guide you through disputes and issues with ease. We understand that the ultimate goal isn’t just to resolve the disagreement—it’s to protect your investment and relationships along the way. Let us help you protect your interests and find effective solutions. Call 832-364-6234 or fill out our contact form.
Thomas H. Smith III was born and raised in Arlington, Texas. He graduated from Texas A&M University in 2002 with a degree in Chemistry and a minor in Mathematics. He then attended the University of Houston Law Center where he served as an Articles Editor for the Houston Journal of International Law.
Tom began working at Roger G. Jain & Associates as a clerk in February 2004. When he graduated from UH Law Center in 2005, he continued here as an attorney, where he has worked through today. He is a trial lawyer, whose insight, analysis, and attention to detail have helped the firm obtain its favorable results. Read more here.
At Pathways Property Lawyers, our Houston attorneys are here to answer all your legal questions and help you protect your rights regarding personal, business, commercial or investment properties. Call us or fill out our confidential contact form to learn more about your legal options.
Our law firm has considerable experience in Texas real estate law. We advise our clients on issues related to real estate transactions and litigation throughout Southeast Texas. In addition to real estate, our Houston lawyers have experience in other related areas of law, such as family law, business law, estate planning and probate. This allows us to assist clients with all related legal issues, and to take an holistic approach to your specific matter.
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