Petition for Partition of Personal Property in Texas

What Is a Petition for Partition of Personal Property?

Background

Section 23.001 of the Texas Property Code provides for partition of personal property and states in relevant part:

“A joint owner or claimant of real property or an interest in real property or a joint owner of personal property may compel a partition of the interest or the property among the joint owners or claimants under this chapter and the Texas Rules of Civil Procedure.”

(Phillips v. Phillips (1997) 951 S.W.2d 955, 957.)

Petition Process and Procedure

Rule 772 of the Texas Rules of Civil Procedure provides:

“An action seeking partition of personal property as authorized by Section 23.001, Texas Property Code, shall be commenced in the same manner as other civil suits, and the several owners or claimants of such property shall be cited as in other cases.”

(Mann v. Propst (2020) No. 05-19-00432-CV, at *10 citing Tex. R. Civ. P. 772.)

A petition for partition under the Property Code can be filed by any joint owner or claimant of real property or any joint owner of personal property. (See Tex. Prop. Code Ann. § 23.001; McGehee v. Campbell (2010) No. 01-08-1023-CV, 2010 WL 1241300, *3 [mem. op.]; Johnson v. La Mesa Farms, Inc. (2009) No. 07-07-0241-CV, 2009 WL 35353, at *3 [mem. op.].)

Partition of Personal Property and Divorce

In a post-dissolution partition suit governed by the Property Code, the petitioner has the burden of establishing that the property is jointly owned and the petitioner has a present possessory interest in the property. (See Manchaca v. Martinez (1941) 148 S.W.2d 391, 391; Savell v. Savell (1992) 837 S.W.2d 836, 840.)

It is well settled that where a divorce decree fails to provide for a division of community property, the husband and wife become tenants-in-common or joint owners thereof. (Phillips v. Phillips (1997) 951 S.W.2d 955, 957 citing Busby v. Busby (1970) 457 S.W.2d 551, 554; Taylor v. Catalon (1942) 140 Tex. 38, 166 S.W.2d 102.) When property is not partitioned at the time of the divorce, the judgment entered in the divorce suit does not preclude one party from seeking a partition of the undivided community property. (Busby v. Busby, supra.)

The Court’s Decision

It is well establsihed that the rules of equity govern a trial court's partition of property. (See Rodriguez v. Rivas (2019) 573 S.W.3d 447, 451; Bowman v. Stephen (2018) 569 S.W.3d 210, 223.) Further, the appellate court reviews a trial court's decision granting or denying equitable relief for abuse of discretion. (See Wagner & Brown, Ltd. v. Sheppard (2008) 282 S.W.3d 419, 428-29.)

It is well settled that “Texas law will not force a reluctant joint owner of real property to maintain joint ownership.” (Rodriguez v. Rivas (2019) 573 S.W.3d 447, 451 citing Bowman v. Stephens (2018) No. 01-17-00522-CV, 2018 WL 6053580, at *5, 2018 Tex. App. LEXIS 9484, at *15.) Further, the Texas Property Code allows a joint owner of real property to “compel a partition of the interest or the property among the joint owners or claimants” as provided by the Code and the Texas Rules of Civil Procedure. (TEX. PROP. CODE ANN . § 23.001 (West 2014).) This right to partition is considered absolute. (Moseley v. Hearrell (1943) 141 Tex. 280, 171 S.W.2d 337, 338; Jimmie Luecke Children P'ship, Ltd. v. Pruncutz (2005) No. 03-03-00388-CV, 2005 WL 910144, at *2, 2005 Tex. App. LEXIS 2991, at *5-6; Phillips v. Phillips (1997) 951 S.W.2d 955, 957.)

Documents for Petition for Partition of Personal Property in Texas

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WYNN, LORRAINNE vs. WALL, JANICE F PARTITION document preview

Plaintiffs Original Petition for Partition of Real Estate by Sale

9 pages

3/22/2024 4:24 PM Marilyn Burgess - District Clerk Harris County Envelope No. 85877113 2024-18684 / Court: 269 By: Wanda Chambers Filed: 3/22…