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 the question that changes everything for a lot of heirs, so it’s worth a clear answer: in Texas, you generally can sell your own share of an inherited property without the other heirs’ permission. What you cannot do is sell the entire property by yourself. The difference between those two things is the whole point.
When you inherit property with others, you each receive an undivided interest. Think of it as owning a percentage of the whole rather than a specific room, lot, or acre. That percentage is yours. It’s your property to keep, give away, or sell, the same as any other thing you own. The other heirs control their shares, and you control yours. None of you needs a vote from the rest to act on your own piece.
What a buyer purchases, then, is your position. They step into your spot as a co-owner alongside the remaining heirs. The other heirs don’t have to sign anything, don’t have to move, and don’t lose their shares. Their ownership continues exactly as it was, just with a new co-owner where you used to be. That’s why an heir can exit a stalled or contentious situation without forcing anyone else to do the same.
This becomes especially useful when taxes are unpaid and a lawsuit is in motion. If the county has filed suit and a constable or deputy has served the heirs with a citation and an Original Petition, selling your share removes you from the case. You don’t have to wait for agreement among heirs who can’t or won’t cooperate. You can resolve your own piece on your own timeline, while the others keep theirs and handle it however they choose.
A couple of questions we hear a lot:
Do the other heirs get a chance to buy my share first? Not by default. Unless there’s a separate agreement among the heirs saying otherwise, you’re free to sell your interest to whoever you choose, though family members are always welcome to make you an offer too.
What exactly does the buyer end up with? The buyer takes over your undivided share and becomes a co-owner in your place, with the same rights and responsibilities your share carried.
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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