Beaumont Land Partitions Lawyer

If you are looking to partition any jointly owned parcel of land, do not hesitate to reach out to a real estate lawyer at the Malley Law Firm, PLLC. My firm has handled many land partition cases and understands that sometimes joint ownership is not the option that benefits you most.

Local Attorney Tony Malley born and raised in Southeast Texas

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We Win Your Case

Hire us as your land partitions lawyer to help you build a strong case and WIN.

The team at Malley Law Firm is here to advocate for you and your loved ones.

Types of Land Partitions Cases We Handle

We assist with a wide range of land partitions cases at Malley Law Firm. The following are some of the cases we handle most often:

Get Help With The Land Partition Process

Through land partition, parcels of land which are co-owned are divided into distinct portions. The end result is to transition property from co-ownership to sole ownership without completely excluding a party. This process can even be used to fairly divide large pieces of communal property that are up for dispute in a divorce.

We are so confident in our ability to help you with the land partition process that we don’t get paid unless you are comfortable with the resolution of your case.

We know that a lack of resources has left a lot of people without access to the civil justice system. That is why we work on a contingency basis, meaning we cover all the upfront costs associated with your case (court costs, expert costs, filing fees, etc.) so you don’t have to pay out of pocket.

Client Testimonials

Why Choose Malley Law Firm to Handle Your Land Partition Case?

At Malley Law Firm, we are known for our unconventional, progressive approach. We outwork our competitors, and we get results. Here are some of the greatest advantages that come with working with us:

WE INVEST IN YOU

We cover all upfront fees, including medical bills, research, and other ongoing expenses to build your case while you wait to receive the compensation you deserve.

YOU PAY NOTHING UNLESS WE WIN

Our law firm works hard to get you the maximum settlement as quickly as possible. We work on a contingency fee basis, so you pay nothing unless we win or settle your case.

WE HAVE A PROVEN TRACK RECORD

We strive for the best results for each and every one of our clients. We’ve handled thousands of cases and have a 5-Star Google review rating because we offer the best service to our clientele.

We’re Available 24/7

Our mission is to make sure your rights are upheld, and personable communication is the pillar of our service. We are available 24/7 in person, over the phone, and through video conferencing.

Our Team Is Made Up of Experienced Trial Attorneys

Our lawyers are aggressive strategists and have extensive experience in winning tough cases. We’re the law firm other lawyers come to for legal advice.

Se Habla Español

Our legal team speaks Spanish fluently, and effective communication is the key to our success. We are happy to communicate in any language you or your family prefer.

FAQs

A land partition is the division of real property held jointly or in common by two or more persons into individually owned interests.A land partition, whether voluntary or judicial, is not a means for acquiring title; rather, it is the manner by which co-owners may seek and acquire the right to exclusive ownership and possession of a part of the jointly owned property that, before partition, was owned by all and each owner had an equal right to use and possess the whole. The goal in a land partition is to make sure that the property is divided fairly among the owners.

Call us today at (409) 405-5378 to get your case started.

Land may be partitioned either voluntarily or judicially. A voluntary partition occurs when the co-owners mutually consent to divide the property themselves. Each co-owner becomes the sole owner of the portion of the property he acquires. Once the property is partitioned, a former co-owner ceases to have an undivided interest in the whole.

Co-owners can also voluntarily provide for the sale of the property and divide the proceeds. Insofar as all co-owners agree to it, a voluntary partition will be legally effective.A judicial partition is the legal process by which land is divided and apportioned equitably among co-owners.

When co-owners cannot agree on the division or value of the shared property, the parties may file an original petition to compel partition and request the court to appoint commissioners to partition the property fairly and equitably. A partition may still be made, despite opposition or disagreement among the co-owners.

 

You can separate what you own by initiating an action to partition land.Texas Property Code § 23.001 et seq. provides the statutory authority for partitioning property. The Texas Property Code provides that a joint owner or claimant of real property or an interest in real property may compel a partition of the interest or the property among the joint owners or claimants.Texas Rules of Civil Procedure 756-771 provides the procedure that a claimant must use to compel a partition.

Call us today at (409) 405-5378 to get your case started.

All property held in co-tenancy is subject to partition. Every co-tenant may demand partition as a matter of right. Every person having an interest in the property, who is not the plaintiff in the partition suit, must be made a defendant in the suit. The partition suit
must be filed in the county in which the real estate is located. In order to initiate a partition suit, the petition must describe the property and the respective interests of the co-owners. Texas uses a general form called the “Plaintiff’s Original Petition for Partition.”

As a judicial proceeding, partition was available at common law under the province of the equity courts. (18-284 Dorsaneo, Texas Litigation Guide, § 284.01). To compel a judicial partition, the parties seeking to have their interests isolated from other owners must institute an action in a district court, joining as plaintiffs or naming as defendants all parties who own or claim to own an interest in the subject property. Burkitt v. Broyles, 317 S.W.2d 762, 764 (Tex. Civ. App.—Houston 1958, writ ref’d n.r.e.).

Call us today at (409) 405-5378 to get your case started.

In the absence of a statute to the contrary,a party, in order to be entitled to compel partition, must not only own an interest in the land, but he must be entitled to possession of a portion of that land.

A suit for partition is maintainable wherever property it owned by two or more persons jointly or in common. Tex. Rev. Civ. Stat. Ann. Art. 6082 permits joint owners of real estate whether held in fee or by lease or otherwise, to compel a partition thereof between the other joint owners.

Call us today at (409) 405-5378 to get your case started.

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