Texas Codes
Tex. Prop. Code § 23.004 (2026)
Effect Of Partition
✓ current as of May 2026
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Sec. 23.004. EFFECT OF PARTITION. (a) A person allotted a share of or an interest in real property in a partition action holds the property or interest in severalty under the conditions and covenants that applied to the property prior to the partition.
(b) A court decree confirming a report of commissioners in partition of real property gives a recipient of an interest in the property a title equivalent to a conveyance of the interest by a warranty deed from the other parties in the action.
(c) Except as provided by this chapter, a partition of real property does not affect a right in the property.
Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff. Jan. 1, 1984.
Notes of Decisions
Cited in 8
cases (2 in the last 5 years), 1991–2026 · leading case: Dierschke v. Cent. Nat'l Branch of First Nat'l Bank at Lubbock, 876 S.W.2d 377 (Tex. App. 1994).
Dierschke v. Cent. Nat'l Branch of First Nat'l Bank at Lubbock, 876 S.W.2d 377 (Tex. App. 1994). “Partition dissolves a tenancy in common, vesting in each owner a sole estate in a specific portion of land.”
Rittgers v. Rittgers, 802 S.W.2d 109 (Tex. App. 1991). “760, the trial court must determine each owner’s share or interest, including all questions of law or equity which may arise and affect title to the realty.”
Dauphen Clary Jackson v. John D. Jackson (Tex. App. 2025). “See Tex. Prop. Code § 23.004(b). The Interim Judgment next, after language awarding the commissioners and surveyor their fees, goes on to say, “It is further ordered that this is an interim, and not a final judgment as there are remaining issues between the parties that must be…”
Eddie Louis Herrera v. Diane Talamantez (2026). “004 preserves ownership percentages and contractual terms, it does not eliminate the equitable accounting adjustment that must occur in partition. Nothing in the 2006 agreement reflects that the parties intended Herrera to receive the first $25,000 of net proceeds without…”
Sharon Swank Backhus Benjamin F. Swank, III Shannon Lea Werchan Pickering Swank Turner Backhus Benjamin Fontaine Swank, IV Christian Harris Swank & Suzanne Swank Porter v. Haven Lynn Werchan Wisnoski & Shane Alan Werchan (Tex. App. 2008). “2d at 31 ; Tex. Prop. Code Ann. § 23.004 (c) (Vernon 2000).”
Est. Land Co., Aaron Wiese, & Kamal Banani (Bannan) v. Anthony Wiese (Tex. App. 2015). “” See Tex. Prop. Code § 23.004 (West, Westlaw through 2013 3d C.”
Marvin A. Dierschke, Tr. v. Cent. Nat'l Branch of First Nat'l Bank at Lubbock (Tex. App. 1994). “Tex. Prop. Code Ann. § 23.004 (c) (West 1984); Houston Oil Co.”
R. L. Campbell v. A. J. Sneed & Alvin Sneed, Individually & on Behalf of Jordon Lofton Heirs Robert Whitsey Annie Whitsey Charlie Whitsey Emanuel Whitsey & Curtis McGregor Whitsey (Tex. App. 1995). “As a result, voluntary partition agreements are not subject to the same formality requirements as conveyances of real property.”
— Tex. Prop. Code § 23.004(b) — 1 case
Dauphen Clary Jackson v. John D. Jackson (Tex. App. 2025). “See Tex. Prop. Code § 23.004(b). The Interim Judgment next, after language awarding the commissioners and surveyor their fees, goes on to say, “It is further ordered that this is an interim, and not a final judgment as there are remaining issues between the parties that must be…”
— Tex. Prop. Code § 23.004(c) — 1 case
Dierschke v. Cent. Nat'l Branch of First Nat'l Bank at Lubbock, 876 S.W.2d 377 (Tex. App. 1994). “Partition dissolves a tenancy in common, vesting in each owner a sole estate in a specific portion of land.”
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