Yes, one owner can sometimes force the sale of co-owned property through a partition action, even when the other owner does not agree. Texas law generally gives a co-owner the right to seek partition, but whether the court orders a sale depends on whether the property can be fairly divided. Here is how that process can work.
A co-owner can ask for partition
You can ask a Texas court to end your shared ownership through a partition action. The court will determine the owners’ interests and whether the property can be divided between them.
This gives you a legal option when the other owner refuses to sell or otherwise prevents you from ending the co-ownership.
A court can order a sale instead of dividing the property
A court can order the property sold when dividing it would not be practical or would cause significant harm to the owners. For example, a single-family home usually cannot be physically divided into separate properties that give each owner a fair share.
In that situation, the court can order a sale and divide the proceeds according to the owners’ interests.
The other owner cannot always stop the partition
You generally do not need the other owner’s agreement to ask for partition. If you have a legal ownership interest in the property, the other owner cannot simply refuse to participate and prevent you from seeking a court-ordered resolution.
The court still has to determine whether partition is appropriate and whether the property should be divided or sold.
Review your options before seeking a sale
If you and another owner cannot agree on what to do with the property, review your ownership documents and your options under Texas law before taking action. A legal review can help you determine whether partition is available and whether a sale is likely to be the appropriate solution. You may have a way to end the co-ownership even when the other owner does not want to sell.
