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.
A lot of families land here. After a parent passes, one sibling or relative stays in the house. The others scatter, get on with their lives, and assume it will all sort itself out someday. Years later, the heirs who moved on realize they’re still co-owners of a property they can’t use, can’t sell on their own, and may still be on the hook for if the taxes go unpaid.
The arrangement feels informal, but the ownership is real. When the property passed under Texas intestacy laws, each heir received an undivided share. The relative living there doesn’t own it any more fully than the heirs who left; everyone shares the whole. That’s why the occupant can’t simply sell it out from under the others, and why the others can’t force a quick sale just because they’re ready to be done.
The taxes are the pressure point. If the person living in the house isn’t keeping them current, the account goes delinquent, penalties and interest build, and the county can eventually file suit naming all the heirs. A constable or deputy may serve a citation and an Original Petition, and that can reach heirs who haven’t been near the property in years. It’s a civil collection process, not a criminal one, but it pulls everyone in.
For an heir who wants out, there are a few routes. The family can negotiate a buyout, where the occupant or another heir purchases the departing heir’s share. A partition action through the courts is possible but slow. Or you can sell your undivided share to an outside buyer. Selling your portion takes you off the title and out of any lawsuit, and the relative living there keeps their own share and stays put.
A couple of questions we hear a lot:
Can I be forced to keep paying taxes on a house I don’t even live in? The taxes are tied to the property, and an unpaid account can pull in every heir on the title, including those who don’t live there. Selling your share removes you from that exposure going forward.
Will selling my share force my relative out of the house? No. You’re only selling your own portion. Your relative keeps their share and their place in the home; the buyer simply takes over your position as a co-owner.
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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