Note: BCP Real Estate is not a law firm and its employees/owners are not acting as your attorneys. The information contained on this website is provided for educational and informational purposes only and should not be construed as legal advice on any subject matter.
This is one of the most frustrating spots an heir can be in. You’ve inherited a property along with your brothers and sisters, you’re ready to move on, and they aren’t. Maybe one wants to keep it for sentimental reasons, one wants to wait for a better market, and one won’t return your calls at all. Meanwhile the taxes keep coming due, and the deadlock costs everyone.
It helps to understand what each of you actually owns. When property passes to several siblings under Texas intestacy laws, each of you typically holds an undivided share of the whole. That means you all own a piece of everything, and no one sibling can sell the entire property without the others. But it also means something many heirs don’t realize: you don’t need anyone’s permission to sell your own share.
The pressure of unpaid taxes makes this more urgent. If the property goes delinquent, the county can file a tax suit naming the heirs, and a constable or deputy may serve a citation and an Original Petition. A standstill among siblings doesn’t pause that process. The taxes accrue penalties and interest whether or not the family ever agrees on anything.
So the options usually come down to this. The siblings can try to reach agreement, with or without an attorney or mediator, and handle the taxes or a sale together. Someone can pursue a partition action through the courts, though that can be slow and costly. Or any single heir can sell their own undivided share and step away. Selling your portion takes you out of the lawsuit and off the title, and lets the remaining siblings keep doing whatever they want with theirs.
A couple of questions we hear a lot:
Can I really sell without my siblings signing off? Yes. You own your share independently. You can sell it on your own, and your siblings keep their shares untouched.
Won’t selling my share upset the family arrangement? It changes who the co-owners are, but it doesn’t force your siblings to sell or leave. They continue owning their portions exactly as before; you simply hand your spot to the buyer.
If you’re looking to remove yourself from a lawsuit and get paid for your interest, no cost to you, call or text us at (469) 708-8003 for an offer today.
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