Tex. Codes » Tax Code · TITLE 1. PROPERTY TAX CODE · SUBTITLE E. COLLECTIONS AND DELINQUENCY · CHAPTER 33. DELINQUENCY
Texas Codes

Tex. Tax Code § 33.46 (2026)

Partition Of Real Property

✓ current as of May 2026
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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.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2001–2026 · leading case: Martin v. Repub. Land Tech., L.L.C., 63 S.W.3d 34 (Tex. App. 2001).
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Martin v. Repub. Land Tech., L.L.C., 63 S.W.3d 34 (Tex. App. 2001). “See Tex. Tax Code § 33.46(b) (Vernon 1992). When Do-sohs I assigned its interest in the property to Republic, the conveyance was subject to all past due ad valorem taxes.”
Wanda Joyce Smith v. Casey Lending, LLC (2026). “06 is erroneous because it renders Texas Tax Code Section 33.46 superfluous.”
— Tex. Tax Code § 33.46(b) — 1 case
Martin v. Repub. Land Tech., L.L.C., 63 S.W.3d 34 (Tex. App. 2001). “See Tex. Tax Code § 33.46(b) (Vernon 1992). When Do-sohs I assigned its interest in the property to Republic, the conveyance was subject to all past due ad valorem taxes.”
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