Partitioning Undivided Interests in Land.
In this video, Attorney Philip Hundl talks about the steps involved in partitioning undivided interests in land. Mr. Hundl is a Shareholder of the law firm of Wadler, Perches, Hundl & Kerlick, which has offices in Wharton and El Campo in Wharton County and in Richmond in Fort Bend County. Call us at 800-929-1725 or send us an email using our contact form for an appointment.
This is a summary of Mr. Hundl’s video.
– Hi, I’m Philip Hundl. I’m an attorney at Wadler, Perches, Hundl and Kerlick. We have offices here in Wharton, Texas, El Campo, and Richmond, Texas. Today, I’d like to talk about undivided interest owners in land. Oftentimes, persons own property as an undivided interest owner in a tract of land.
For example, there’s 100 acre tract of land, and a person may be a 50% owner in that 100 acre tract. There’s a misconception that oftentimes, well, I have a friend say, “Well, I own 50 acres of the 100 acres because I own one-half interest in the land. Well, you actually own 50% of the 100 acres. It’s more of the total tract, you own a percentage of.
What can one do if they are an undivided interest owner and would like to partition or sell their undivided interest in that tract of land? The property code, Texas Property Code Section 23 gives certain procedures and a method for an undivided interest owner to either partition that tract of land in which they own an undivided interest in or ask the court to actually sell the whole tract and portion out the proceeds from that sale.
Section 23 of the property code will provide those remedies. There are certain steps to go through, and it’s done in court through a judge, judicially. Initially, a petition for partition is filed with the court. A judge can either appoint commissioners, normally three commissioners, to go out and review the property and determine how it can be partitioned, and what would be a recommended way to partition or divide that tract of land. If the land can, in the minds of the commissioners, be partitioned, then it would be suggested for partition. The court would review that at a hearing and either determine that, Yes, the land can be partitioned or divided or not.
If it cannot, then the other alternative would be the property be sold as a whole and the funds divided amongst the undivided interest owners. Or, an applicant or an owner of an undivided interest can just directly ask the court to sell the property, because in their mind, it cannot be partitioned or divided. Several remedies or alternatives for an undivided interest owner. Sometimes, undivided interest owners feel like they’re stuck or in a jam because they own a piece of property with 10 other individuals.However, the law does provide for a remedy and alternatives or outlet, an outlet for an undivided interest owner.
Once again, my name is Philip Hundl. I’m an attorney at Wadler, Perches, Hundl and Kerlick. Our main office is in Wharton, Texas. We have offices in El Campo and Richmond, Texas. Our number is 979-532-3871. If you have additional questions or follow-up questions that you’d like to ask us, we would be happy to answer your questions regarding undivided interest owner, undivided interest in land, or partitions of land. Thank you.
Our law firm serves clients from Wharton County, Fort Bend County, Matagorda County and South Texas from offices in Wharton, El Campo and Richmond. Call us at 800-929-1725 for an appointment today.