Texas Guides / Inheritance

My brother wants to sell our parents' land: heirs' property partition in Texas

Updated: 2026-10-23By Roberto Montes, founder, Nuestras TierrasLegal review: pending

"My brother wants to sell our parents' land, and I don't." It's one of the most common fights in Texas families who inherit land. When there's no agreement, any co-owner can go to court and ask for a partition. This guide explains what that means, what Texas law has done since 2017 to protect families, and what to do if you're sued.

What is a partition of inherited land?

When several heirs own land together, each holds an undivided interest in the whole property. Nobody owns a particular corner of it. When the owners can't agree on what to do, the law gives them a way out: a partition.

The Texas Property Code lets any joint owner compel a partition (§23.001). The suit is filed in the district court of a county where the land is located (§23.002). In the end the court does one of two things:

• Divides the land into separate parcels, each with its own title. This is called partition in kind.
• Sells the whole property and splits the money by each owner's share. This is called partition by sale.

This is common in Texas. An Asset Funders Network analysis estimates about 12,000 heirs' property homes in Bexar County alone (source). If you're still not sure who the heirs are, start with the heirs' property guide.

When does the heirs' property law (chapter 23A) apply?

In 2017 Texas adopted the Uniform Partition of Heirs' Property Act as chapter 23A of the Property Code. It applies to partition suits filed on or after September 1, 2017. In every partition suit, the court must decide whether the land is heirs' property (§23A.003). If it is, the chapter 23A rules apply, and they give families much more protection.

Under §23A.002, land is heirs' property when all three of these are true on the day the suit is filed:

1. There is no written agreement binding all the co-owners that governs how the land is partitioned.
2. At least one co-owner got title from a relative, living or dead.
3. At least one of these applies: relatives hold 20% or more of the interests; one person who inherited from a relative holds 20% or more; or 20% or more of the co-owners are relatives.

That third test matters. Even if an outsider bought a large share, the land can still be heirs' property as long as the family keeps 20%.

How the case moves through court, step by step

Here is what the statute requires when the land is heirs' property:

1. The lawsuit. One owner files and the others are served. If someone can't be found and is notified by publication, the plaintiff must post a conspicuous sign on the land within 10 days after the court decides the land may be heirs' property (§23A.004).
2. The appraisal. The court appoints a disinterested appraiser to set the fair market value of the whole property. If every owner agrees on a value, the court adopts it (§23A.006).
3. Notice of value. Within 10 days after the appraisal is filed, the court notifies everyone. Each party has 30 days to object. Then there's a hearing and the court sets the value.
4. The buyout right. If anyone asked for a sale, the court tells the others they can buy out whoever asked for the sale. They have 45 days to say so (§23A.007).
5. Payment. The court sets a payment date at least 60 days after its notice. If no one pays, the case moves on.
6. Divide or sell. If there was no buyout, the court must divide the land unless that would cause substantial prejudice to the group (§23A.008). Only then can it order a sale.

The buyout price is simple math: the value of the whole property times the other owner's fraction (§23A.007(c)). If the land is worth $120,000 and your sister owns a third, her share costs $40,000. If more than one relative wants to buy, the court splits the right based on how much each already owns.

Divide the land or sell it?

Under the heirs' property law, dividing is the rule and selling is the exception. To decide whether a division would cause substantial prejudice, the court must weigh all of these factors, and no single one decides the case (§23A.009):

• Whether the land can practically be divided.
• Whether the parcels together would be worth materially less than the whole tract sold as one.
• How long the land has been in the family.
• Sentimental or ancestral attachment, such as the grandparents' homeplace.
• How an owner uses the land (living there, farming, running cattle) and how much losing that use would hurt.
• Who has paid their share of taxes, insurance and upkeep.
• Any other relevant factor.

Other useful parts of the law:

• Two or more siblings can ask to have their shares combined into one parcel, and the court must approve it (§23A.008(a)).
• If one parcel is worth more than another, the court can order payments between owners to even things out (§23A.008(c)).
• A parcel left without road access gets an access easement across the neighboring parcel (§23.006).
• The shares of unknown or missing heirs stay together, undivided (§23A.008(d)).

If the court orders a sale: it must be an open-market sale through a real estate broker, at no less than the court's value. Sealed bids or an auction are allowed only if the court finds they'd be better for the owners as a group (§23A.010). The broker must report each qualifying offer to the court, including the buyer's name and the price (§23A.011). An heir who buys gets credit for their own share of the proceeds.

Without the heirs' property law (for example, if a written agreement takes the land out of it), the case runs only under chapter 23 and the court rules, which don't include the buyout right or the open-market preference.

Someone bought one heir's share

In Texas, each heir can sell their own share without the others' permission. In practice, an outsider sometimes buys the share of a single heir, often the one who lives far away or needs cash fast. Then, as a new co-owner, the buyer asks for a partition by sale. That is exactly what the 2017 law was written to slow down.

What the statute says:

• The outside buyer is a co-owner like anyone else and can ask for a partition.
• If they ask for a sale, the family can buy their share at the value the court sets, not at what the buyer paid (§23A.007).
• If a sale does happen, the default is an open-market sale at fair value, not a quick auction (§23A.010).

How to stay out of court

A lawsuit costs money and time, and it can break a family apart. These are the most common ways out:

• Buy out a relative voluntarily. You sign a deed and record it with the county. Before that, the title has to be clear, for example through an affidavit of heirship or probate.
• Divide by private agreement. Everyone signs off on who gets which parcel, with a survey. The statute requires the agreement to include access for any parcel left without road access, unless the owners waive it in writing (§23.006(b)).
• Sell together. If everyone agrees, sell through a title company and split the money.
• Mediation. A neutral mediator helps the family talk. The mediator doesn't decide for you (§154.023). The court can send the case to mediation (§154.021), and a signed settlement can be enforced like a contract (§154.071).

I was served with a partition suit: what to do

1. Don't ignore it. In a Texas district court, the written answer is generally due by 10:00 a.m. on the Monday after 20 days from the day you were served. That comes from Rule 99(b) of the Texas Rules of Civil Procedure, not the Property Code. The citation states the date. If you don't answer, the judge can rule without you.
2. Get help today. Call a lawyer or free legal aid. Check at texasbar.com that they're licensed in Texas.
3. Gather your papers: the lawsuit, the old deed, death certificates, any will, receipts for taxes you paid and photos of improvements. Those receipts count under the §23A.009 factors.
4. Ask whether it's heirs' property. Your lawyer can ask the court to apply chapter 23A.
5. Check the appraisal. If the value looks too low or too high, you have 30 days from the notice to object.
6. Decide whether to buy. If someone asked for a sale, you have 45 days from the notice to elect to buy their share. Start working out how you'd pay from day one.
7. Keep paying the taxes. If they fall behind, the county can sue on its own. See the back taxes guide.

Terms you'll see in the papers (see the glossary): plaintiff (the person suing), defendant (the person sued), cotenant (co-owner), commissioners (people the court appoints to divide the land).

Main sources: Texas Property Code chapters 23 and 23A; Texas Constitution article 16, §52; Estates Code §102.005; Civil Practice and Remedies Code §154.021, §154.023 and §154.071; Texas Rule of Civil Procedure 99(b); Harris and Travis district clerk fee schedules (2026). This guide will be updated when the law changes.

Costs and timing

Fees from the official Harris (effective January 1, 2026) and Travis (2026) schedules. Other counties charge similar amounts, but confirm with your county's district clerk. If you can't pay, ask about the Statement of Inability to Afford Payment of Court Costs.

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Nuestras Tierras, https://nuestrastierras.org/en/texas/guides/heirs-partition/. Updated: 2026-10-23. Legal review: pending. General information, not legal advice.