Sec. 33.46. PARTITION OF REAL PROPERTY. (a) If suit is filed to foreclose a tax lien on real property owned in undivided interests by two or more persons, one or more of the owners may have the property partitioned in the manner prescribed by law for the partition of real property in district court.
(b) The court shall apportion the taxes, penalties, interest, and costs sued for to the owners of the property in proportion to the interest of each. If an owner pays the taxes, penalties, interest, and costs apportioned to him, the property partitioned to him is free from further claim or lien for the taxes involved in the suit. If an owner refuses to pay the amount apportioned to him, the suit shall proceed against him for that amount.
(c) The court shall allow reasonable attorney's fees and costs of partitioning for each property partitioned. The fee shall be taxed as costs against each owner in proportion to his interest and constitutes a lien against the property until paid.
Acts 1979, 66th Leg., p. 2294, ch. 841, Sec. 1, eff. Jan. 1, 1982.
Structure Texas Statutes
Subtitle E - Collections and Delinquency
Subchapter C. Delinquent Tax Suits
Section 33.41. Suit to Collect Delinquent Tax
Section 33.42. Taxes Included in Foreclosure Suit
Section 33.44. Joinder of Other Taxing Units
Section 33.445. Joinder of Tax Lien Transferee
Section 33.45. Pleading and Answering to Claims Filed
Section 33.46. Partition of Real Property
Section 33.47. Tax Records as Evidence
Section 33.475. Attorney Ad Litem Report; Approval of Fees
Section 33.48. Recovery of Costs and Expenses
Section 33.49. Liability of Taxing Unit for Costs
Section 33.51. Writ of Possession
Section 33.52. Taxes Included in Judgment
Section 33.53. Order of Sale; Payment Before Sale
Section 33.54. Limitation on Actions Relating to Property Sold for Taxes
Section 33.55. Effect of Judgment on Accrual of Penalties and Interest
Section 33.56. Vacation of Judgment
Section 33.57. Alternative Notice of Tax Foreclosure on Certain Parcels of Real Property