Governed by Chapter 29 of the Texas Property Code, the forced sale remedy allows the co-owner of an inherited property to force the sale of another owner’s interest in the property if that party fails to meet its ad valorem tax obligations. This sale acts as reimbursement for the taxes paid on their behalf. The forced sale remedy is limited to cases of real property that are not otherwise exempt from forced sale under state laws and are received by inheritance.

See (US) Unamicable Split: Inherited Real Property and the Texas Forced Sale Statute, Micheal Sanchez, JDSupra.

Posted by Elizabeth Cheung, Associate Editor, Wealth Strategies Journal.