Legal Question in Real Estate Law in Texas

dividing family land among heirs

6 siblings own 36 acres jointly. sibling 6 wants to buy a particular part of the land from the others. The other siblings agree to the proposal but don't know how to proceed. Some of the siblings think that they can just sign a paper saying that they grant the desired parcel to sibling 6, but sibling 6 believes that type of agreement would result in all 6 names remaing on the deed to his parcel. 6 believes that he must buy the land from the group of 6 to get clear ownership. Assume that there is no disagreement among the group, and therefore no partition suit. The only question is how to properly transfer the parcel of land to sibling 6 so that he is no longer a owner of the group property and the others are no longer owners of his parcel.

Asked on 7/21/07, 5:35 pm

1 Answer from Attorneys

Cheryl Rivera Smith The Smith Law Firm
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Re: dividing family land among heirs

You will need to get a surveyor to draw up a legal description for the parcel. Then all 5 siblings execute a deed which conveys all of their undivided interest in that particular parcel. You can probably get an attorney to draw up a proper deed for around $100. Be sure and do it correctly so it doesn't come back to haunt you later.

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7/23/07, 5:08 pm

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