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Tex. Prop. Code § 23.004

EFFECT OF PARTITION

Applied in 2 court decisions — leading case Dierschke v. Central National Branch of First National Bank at Lubbock (1994)

Most recently applied in Dierschke v. Central National Branch of First National Bank at Lubbock (March 1994)

Acts 1983, 68th Leg., p. 3513, ch. 576, Sec. 1, eff

(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.

Official source: Texas Constitution and Statutes. Reproduced from public-domain Texas statutes; confirm against the official source for the current text. Not legal advice.