QUESTION
I want to know my rights as a property owner in Texas regarding land that was left to me fractionally in a will.
Asked on Feb 13th, 2013 on Real Estate - Texas
More details to this question:
My grandfather died several years ago and left his property to myself my brother and my aunt. We were all named in the will with my aunt receiving 1/2 and my brother and myself 1/4 each. The property is between 380 and 400 acres. I am trying to build a house and we have come to a disagreement because I want to put up ~20 acres for the house loan. Can one party of the three stop this from happening? Does a majority rule at all in this instance? What are my options? How would we go about dividing the property if it comes down to that? Thank you, B
1 ANSWER
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Russel L. Robinson
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Based upon the facts you have provided you would have a right to seek a partition of the land. Texas courts prefer to partition "in kind" which means dividing the property into tracts proportionate to ownership and awarding the tracts on that basis. For example, if the 400 acres is of equal value a court would divide 200 acres to your aunt, 100 acres to you and 100 acres to your brother. Of course, that assumes each acre is of the same value. If property cannot be divided "in kind" the court will order the property sold and the proceeds divided.
Since I have not seen any of the documents in this matter it is possible that there is something that would interfere with the partition. A qualified real estate attorney should review the pertinent documents and he could then assist you.
I hope this helps.
Russel L. Robinson
Answered on Feb 15th, 2013 at 10:44 AM