Siblings who inherit a Texas house together each own a share, and any joint owner can ask a court to partition it. For houses passed down in a family, the heirs' property law adds a court appraisal, a buyout window for the other heirs and an open-market sale as the default when a sale is ordered.
When parents leave a house to several children, the children rarely agree on everything. One wants to sell, one wants to move in, one wants to wait. Texas law gives each heir real rights, and it also gives a way out when the family is stuck. This guide covers the statewide rules: how shared ownership works, what an executor can do, how a buyout or mediation fits in, and how a court partition runs. For courthouses, filing fees and county mediation programs in Fort Worth and Dallas, see our DFW guide for heirs who disagree about selling.
Start with who owns what
Estates Code Sec. 101.001 says an inherited house belongs to the heirs or will beneficiaries from the moment of death. If there was no will, Chapter 201 of the Estates Code decides the shares. If there was one, the will does. When several children inherit together, each holds an undivided share of the whole house. For a voluntary sale, each owner signs the deed, or someone with legal authority signs for them. Our guide to selling inherited property in Texas explains the probate routes that prove who those owners are.
If the estate is still open
Probate can settle a dispute before it turns into a separate lawsuit:
- Independent executor's power of sale. Estates Code Sec. 402.052 gives an independent executor or administrator the same power of sale as a court-supervised one, without court approval, unless the will limits it. An heir who disagrees still has rights in the probate case, so an executor should get legal advice before selling over an objection.
- Partition or sale through the probate court. Sec. 405.008 says that if the will does not divide the whole estate, or no will was probated, the independent executor may ask the probate court to partition and distribute the estate. The executor may also ask for an order selling property the court finds cannot be fairly and equally divided.
- An heir's own application. Under Chapter 360, once a year has passed since letters were first granted, an executor, administrator, heir or devisee may apply to the court where the estate is pending for partition and distribution. If the court finds property cannot be fairly and equally divided, it orders a sale and splits the proceeds (Sec. 360.201 and 360.202). A distributee who buys at that sale pays only the amount by which the bid exceeds that distributee's own share.
Rule 776 of the Texas Rules of Civil Procedure confirms that the general partition rules do not change the procedure for dividing a decedent's estate among heirs.
Try a buyout or mediation first
A lawsuit between siblings takes time and money. Two other paths are worth a serious try first:
- A buyout. The sibling who wants to keep the house buys the others' shares at an agreed price. A deed from the selling siblings, recorded in the county deed records, completes it. The heirs' property law uses a simple formula a family can borrow as a starting point: the value of the whole property times the seller's fractional share.
- Mediation. Civil Practice and Remedies Code Sec. 154.002 states a Texas policy of encouraging peaceable resolution and early settlement. Under Sec. 154.023, a mediator helps the parties talk but may not impose a decision. If the siblings sign a written settlement, Sec. 154.071 makes it enforceable like any other written contract. Sec. 154.073 makes mediation communications confidential, with listed exceptions. A court can also refer a pending case to mediation on its own (Sec. 154.021).
Partition: the court-ordered way out
If talks fail, Property Code Sec. 23.001 lets any joint owner of real property compel a partition. Sec. 23.002 says the suit goes in a district court of a county where any part of the property is located. The Texas Rules of Civil Procedure, Rules 756 through 771, lay out the steps:
| Step | Rule |
|---|---|
| Petition names the other owners, each share, and describes the land with its estimated value | 756 |
| Court decides each owner's share and any title questions | 760 |
| Court decides whether the property can be divided; if so, it appoints three or more disinterested commissioners | 761 |
| Commissioners divide the land into shares of equal value as nearly as possible and report under oath | 768, 769 |
| Either party may object to the report within 30 days of its filing | 771 |
| If a fair and equal division cannot be made, the court orders a sale and divides the proceeds by interest | 770 |
A single house on one lot is hard to divide into equal parts, so the Rule 770 question, whether a fair and equal division can be made, matters a great deal when siblings share one house. Under Rule 778, costs are charged to each party who receives a share, in proportion to its value. Sec. 23.005 adds that the court sets fees for the commissioners and any surveyor, collected as court costs.
Heirs' property: extra protections in Chapter 23A
Since 2017, Texas has had the Uniform Partition of Heirs' Property Act, Chapter 23A of the Property Code. In any partition case, the court must first decide whether the property is heirs' property (Sec. 23A.003). Under Sec. 23A.002(5), that means land held in tenancy in common where no written agreement binding all owners governs partition, at least one owner got title from a relative, and relatives hold at least 20 percent of the interests or make up at least 20 percent of the owners, or one person who acquired title from a relative, living or deceased, holds 20 percent or more. Siblings who inherited from a parent are relatives who took title from a relative, so their house may well qualify. If it does, Chapter 23A applies unless all co-owners agree otherwise in a record.
Chapter 23A step by step:
- Value. The court appoints a disinterested appraiser unless the owners agree on a value. Notice of the appraisal goes out within 10 days of filing, parties have 30 days to object, and the court then holds a hearing and sets the value (Sec. 23A.006).
- Buyout. If any owner asked for a sale, the others have 45 days after notice to elect to buy that owner's share at the set value times the share. The court then sets a payment date at least 60 days out. If only some buyers pay, the ones who paid get 20 days to buy the rest (Sec. 23A.007).
- Division in kind. If the shares of those who asked for a sale are not all bought, or an owner still asks for division, the court orders a physical division unless it would cause substantial prejudice to the owners as a group (Sec. 23A.008).
- Sale. Otherwise the default is an open-market sale through a broker, unless sealed bids or an auction would be more economically advantageous. If the owners agree on a broker within 10 days, the court appoints that broker. If not, the court picks a disinterested one. The broker must offer the property at no less than the court's value and report to the court within 7 days of receiving an offer at or above it (Sec. 23A.010 and 23A.011).
If no owner asked for a sale and division in kind is not ordered, the court dismisses the case. Sec. 23A.009 lists what the court weighs on division, including whether the property can practicably be divided, a family's long ownership, sentimental attachment, current use, and whether each owner has paid a fair share of taxes, insurance and upkeep. No one factor decides it alone.
If a sibling lives in the house
A sibling living in the house can still claim the property tax homestead exemption. Tax Code Sec. 1.04 defines heir property as real property acquired by will, transfer on death deed or intestacy, where at least one owner claims it as a homestead. Sec. 11.43(o) lists what that heir files without a deed in their name: an affidavit establishing ownership, the prior owner's death certificate, the latest utility bill and any court record about ownership, if available. Sec. 11.41(c) treats that heir as the sole owner for the exemption amount. Sec. 11.49 makes clear that granting the exemption does not change legal title. The other siblings keep their shares. Because Sec. 23A.009 lets a court weigh who paid taxes, insurance and upkeep, every owner should keep receipts.
Get legal advice early
This page explains Texas statutes and court rules. It is not legal advice. A partition case has deadlines measured in days, and the right path depends on whether probate is open and whether the house is heirs' property. Talk to a Texas real estate or probate attorney before you file or answer a suit.
When the family agrees to sell
If the siblings agree to sell and split the proceeds, and every owner is ready to sign, Cash Home Advisors can help. We are based in Fort Worth, we can close in 7–14 days and we pay all closing costs. Every heir sees the closing statement before signing, so each share of the proceeds is clear.
Read our page on selling an inherited house in Texas, see how our process works, or request a cash offer. More guides are in our inherited property category.
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Frequently asked questions
Can my sibling refuse to sell our inherited house in Texas?
A co-owner can decline to sign a voluntary sale. But Property Code Sec. 23.001 lets any joint owner of real property compel a partition through the courts, under that chapter and the Texas Rules of Civil Procedure. If the house qualifies as heirs' property, Chapter 23A adds its own steps.
What counts as heirs' property in Texas?
Under Property Code Sec. 23A.002(5), it is real property held in tenancy in common where no written agreement binding all co-owners governs partition, at least one co-owner got title from a relative, and relatives hold at least 20 percent of the interests or make up at least 20 percent of the co-owners, or one person who acquired title from a relative, living or deceased, holds 20 percent or more.
Can I buy out my siblings in a Texas partition case?
Under Sec. 23A.007, if a co-owner asks for a sale of heirs' property, the other co-owners get 45 days after the court's notice to elect to buy that person's share. The price is the court-determined value of the whole property times the seller's fractional share.
Who pays the costs of a Texas partition suit?
Rule 778 of the Texas Rules of Civil Procedure says the court divides costs among the parties who receive a share, in proportion to the value of each share. Sec. 23.005 adds that fees for court-appointed commissioners and surveyors are collected as court costs.
Sources
- Texas Property Code, Chapter 23 (partition)
- Texas Property Code, Chapter 23A (Uniform Partition of Heirs' Property Act)
- Texas Rules of Civil Procedure (Rules 756-771, 776, 778)
- Texas Estates Code, Chapter 101 (Sec. 101.001 estate vests at death)
- Texas Estates Code, Chapter 360 (partition and distribution of estates)
- Texas Estates Code, Chapter 402 (Sec. 402.052 independent executor power of sale)
- Texas Estates Code, Chapter 405 (Sec. 405.008 partition or sale by independent executor)
- Texas Civil Practice and Remedies Code, Chapter 154 (alternative dispute resolution)
- Texas Tax Code, Chapter 1 (Sec. 1.04 heir property definitions)
- Texas Tax Code, Chapter 11 (Sec. 11.41, 11.43(o), 11.49 heir property homestead)
General information, not legal or tax advice. Talk to a Texas attorney or CPA about your situation.