Over the past six months, several individuals and families have come to the Trinity Police Department requesting assistance regarding property ownership disputes between family members.
Typically, one family member wants to keep the other members off a partial of property they believe is theirs and believe the property had been passed down to them by their now deceased family members.
Both parties are claiming ownership of the property. Without either party being able to show ownership, these cases go unresolved. So how can we work through a property dispute? How can you and your family legally claim ownership to “family” property? Let’s talk.
In Texas, family property disputes typically stem from inheritances, divorces, or unregistered land use. Under state law, co-owners of inherited property can force its sale via a Partition Lawsuit, while Quiet Title Actions clear up contested ownership and Texas Family Code governs the division of property in divorces. To determine the most appropriate legal action for your situation, you need to narrow down the nature of the dispute.
Inherited Property & Co-owner Impasse: If multiple family members inherit a house or acreage and cannot agree on what to do with it, Texas law allows any co-owner to file a partition lawsuit to force the division or sale of the property.
Heirs' Property: If the land has been passed down for generations without formal probate and is co-owned by several relatives, it may fall under the Uniform Partition of Heirs Property Act. This provides safeguards like mandatory independent appraisals and a right of first refusal, so no family member is shortchanged.
Adverse Possession: If one relative has been living on or using the family land exclusively for years, they may try to claim ownership, though family arrangements are presumed to be permissive and thus difficult to convert into hostile possession.
Property Division During Divorce: In Texas, real estate acquired during a marriage is presumed to be community property and subject to equitable division. However, property that is inherited or received as a gift by one spouse is considered separate property and should remain theirs, provided they can prove it using clear, convincing documentation and proper asset tracing.
Next steps are to locate all deeds, wills, trusts, and county property tax records to confirm the history of ownership. Conduct a Title Search checking for liens and lastly seek mediation. These disputes are emotionally charged and can be expensive to litigate, ranging from $15,000 to $50,000-plus for a partition suit.
Call us if you need us.
Steven Jeter is Chief of Police in Trinity.
