Can 1 owner force the other to sell?

[Scott Robinson]

I am working with an owner who wants to sell the house she and her deceased husband owned in Texas. Problem is her husband had 3 kids before they got married and they aren't letting her sell.  There is an existing note on the house from when the couple refinanced 15 years ago that is now in default (200 days).  The owner does not have the money to pay the note and the kids will not help pay and wont sign for her to sell.

Ive been told to sue for a partition of suit, but I'd like to find another way... if there is one.

Thanks everyone!

[Davido Davido]

@Scott Robinson  There are many options with such a property -depending on what your goal is. Your post does not say what you intend to do with the property?  

Assuming that the decedent did not have a will, then (in Texas) his three children did each inherit a 1/3 interest of their father's 1/2 community property interest in the house.  Check out Texas inheritance laws. https://smartasset.com/estate-planning/texas-inheritance-laws  .  

Still, you do not need the children's permission to buy the 1/2 interest held by their stepmother.  If she is in possession, you can buy out her interest, take possession, rent the house and keep all the income.   If the children don't like it, they would need to sue for partition.

You can contact each of the children separately and attempt to purchase or bargain for a Quit Claim Deed from any or all of them.

If you acquire any party's interest in the property, you can put the property through probate, and likely get it sold. Or you can petition to Partition.

If you get possession of the house along with anyone's interest (color of title) and if you then use the home as though it was yours -to the exclusion of the other heirs, in three short years you can file suit to Quiet the Title completely in your name under Texas 3 year Adverse Possession Statute for those with Color of Title.  § 16.024 Texas Code  ,  or you could simply rent the property out for long term cash flow; or you could resell the portion of the property that you acquired along with your right to possession.  There are people who will buy partial interest in a home, especially when they also get immediate possession.   Selling a partial interest is mainly a question of proper marketing and how much you might need to discount the sales price from full market value.


Have fun.  Get it done.