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.).
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