Legal Question in Real Estate Law in Texas

dividing property among heirs

6 siblings were deeded 36 acres of family land by their mother while still living to own jointly, share and share alike. Sibling 1 wants to split the property equally so he can use his share. Siblings 2 and 3 want to sell their shares. Siblings 4 and 5 will not sell. Sibling 6 wants a particular 6 acre parcel for his share and also wants to buy the shares of the 2 who want to sell. Siblings 1-5 believe that if sibling 6 buys 2 shares, he will own 18 acres outright. Sibling 6 believes that he would have no particlular 18 acre plot, but rather would only increase his share of the joint property to 50%. Sibling 6 believes that the only way he own a particlar 18 acre parcel outright is to buy the 18 acres from the group (of which he is a member.) He wants his siblings name off the deed to his particular parcel of land and wants his own name off the remaining parcel. What is the proper way sibling 6 to accomplish this?


Asked on 7/20/07, 6:12 pm

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: dividing property among heirs

If you can't agree on how to divide the property, the court will do it for you under a partition suit. It is better if all can agree to split or co-own and then go forward from there. The lawsuit will probably cost between $10-20K which will have to come out of your pockets. Best of luck.

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Answered on 7/21/07, 10:12 am


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