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TX HB4011
Bill
Status
3/6/2025
Primary Sponsor
Drew Darby
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AI Summary
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Requires partition petitions to certify whether property is heirs' property and include plaintiff's acquisition date and percentage interest; non-heir cotenants acquiring interests after December 31, 2025 must also certify compliance with right of first refusal requirements
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Mandates citation be served by personal service or certified mail to all joint owners 16+, parents/guardians of minor owners, persons who paid property taxes in the past 5 years, and residents; requires posting a 4x4 foot weatherproof sign on the property within 10 days of filing
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Creates mandatory settlement conference process for heirs' property partition actions, allowing parties to negotiate tenancy agreements, cotenant buyouts, partition in kind, or open-market sales; defendants who appear at conference may file late answers within 30 days
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Prohibits non-heir cotenants holding less than 50% interest from initiating partition actions on heirs' property for 10 years after acquiring their interest, applicable to interests acquired after January 1, 2026
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Establishes right of first refusal for heir cotenants residing on property when another cotenant sells to a non-heir purchaser who is not a relative; requires 90-day notice period and due diligence to identify all heir cotenants before sale
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Extends cotenant buyout payment deadline from 60 to 90 days and requires court-appointed appraisers to be certified general appraisers; eliminates auction sales as first option when property doesn't sell at appraised value
Legislative Description
Relating to the partition or voluntary sale of real property owned by certain cotenants; amending the Uniform Partition of Heirs' Property Act.
Property Interests
Last Action
Left pending in committee
4/9/2025