What to do if a co-owner tries to disrupt the process of partition?

UPDATED: Nov 25, 2012

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What to do if a co-owner tries to disrupt the process of partition?

My mom and uncle jointly own some land. She wants to move on selling the land. He does not. He cannot buy her out and will not allow her to buy him out. He is also crazy and has a law degree, though he is not a practicing lawyer. I’ve read about taking him to court to partition the land. What to do when he stalls and tries to stonewall the process which he did with his divorce proceedings. What are the time limits/consequences for him ignoring our attempts to get out of being stuck with him on the co-owned land?

Asked on November 25, 2012 under Real Estate Law, Texas


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Given what you have written, your mother needs to consult with a real estate attorney about filing a partition action against her brother. In a partition action assuming the court orders the property sold, your mother can retain a person to make a bid on the property on her behalf to acquire the parcel.

If the uncle tries to disrupt the court procedures as to the partition action, the court could sanction him for such improper conduct. The uncle can ignore all requests of your mother. However if there is a court order ordering him to do something then he could be subject to an order to show cause regarding contempt and possibly jailed.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption