(a) In an action to partition real property under Chapter 23, the court shall determine whether the property is heirs’ property. If the court determines that the property is heirs’ property, the property must be partitioned under this chapter unless all of the cotenants otherwise agree in a record.
(b) This chapter supplements Chapter 23 and the Texas Rules of Civil Procedure governing partition of real property. If an action is governed by this chapter, this chapter supersedes provisions of Chapter 23 and the Texas Rules of Civil Procedure governing partition of real property that are inconsistent with this chapter.

Terms Used In Texas Property Code 23A.003

  • Property: means real and personal property. See Texas Government Code 311.005
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
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