Property Disputes: Resolving Ownership Issues

Co-ownership can become complicated, particularly in a tenancy in common. Under a tenancy in common, each co-owner holds an individual, undivided interest in the property. This is the default arrangement for co-ownership in Texas unless otherwise specified. Upon a co-owner’s death, their share doesn’t transfer to the surviving co-owners but instead passes to their heirs or beneficiaries according to their will or estate plan. This structure ensures that ownership can be inherited independently. While co-ownership provides flexibility, it can also lead to disputes. Here are some common challenges faced by co-owners:

Disagreements Over Selling the Property

One of the most frequent issues occurs when one co-owner wants to sell the property while others do not. This scenario is common with inherited property or jointly purchased real estate. If the co-owners can’t agree, the co-owner who wants to sell may file a partition lawsuit to request a court-ordered sale or division of the property.

Ownership Disputes and Verbal Agreements

Disputes about ownership can arise when verbal agreements are involved. For example, one party might claim an oral agreement granting them the full, or larger share of the property. However, under Texas’s Statute of Frauds, property agreements must generally be in writing to be legally enforceable. Courts may examine the actions of the parties, such as payments or possession, to determine whether an enforceable agreement exists.

Co-ownership can be complex, and disagreements can escalate quickly. If you’re involved in a property dispute, it’s critical to consult an experienced attorney early on. Our attorneys at MIRANDA CARREON | JACOBO can help clarify your rights and options, guide you through negotiations to avoid unnecessary litigation, and represent you in court if legal action becomes unavoidable. Schedule your free consultation today to learn more.