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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.


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