If you receive a lawsuit challenging your ownership of Texas property, the filing does not mean the other person now owns the property. It does mean that a legal dispute has begun, and the citation and petition may require a response within a relatively short period of time.
Ownership lawsuits can involve competing deeds, inheritance claims, questions about an earlier transfer, or allegations that someone lacked authority to convey the property. Understanding what the other party is claiming, when a response is due, and which records support your ownership can help clarify what needs immediate attention.
Why Would Someone Challenge Your Property Ownership?
Someone may challenge ownership because they believe a deed or earlier transfer did not convey the property as claimed. An heir may assert that they retained an interest in property that was later sold. Two parties may rely on competing deeds, or a lawsuit may question whether the person who signed an earlier deed had authority to transfer the property.
Texas law uses an action called trespass to try title to determine title to real property. Despite its name, this type of case is about ownership rights rather than someone physically entering the property without permission. Texas courts generally require the party seeking to establish title to prove the strength of its own ownership claim.
The allegations in the petition can help identify what part of the property's ownership history is actually being disputed.
What Should You Do After You Are Served with an Ownership Lawsuit?
Start by reviewing the citation and petition carefully. The citation should state when a response is due, and Texas civil lawsuits can carry relatively short response deadlines. Ignoring the lawsuit because you believe the other person's claim is weak can create additional legal problems if the case proceeds without a timely response.
It is also useful to preserve the documents served with the lawsuit, including exhibits and hearing notices. If the petition refers to a deed, probate proceeding, prior owner, or other recorded document, identifying that document early can help explain where the ownership claims diverge.
The Texas Rules of Civil Procedure govern response deadlines, but the applicable deadline should be confirmed from the citation and circumstance of the case.
What Documents Can Help Establish Your Property Ownership?
The records that matter will depend on the reason ownership is being challenged. A dispute over an heir's interest may require different documents from a case involving competing deeds or the authority of someone who signed a prior conveyance.
Depending on the allegations, relevant records may include:
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The current deed and relevant prior deeds
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The petition, citation, exhibits, and hearing notices
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Purchase and closing documents
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The owner's title policy and title commitment
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Surveys, plats, and other property records
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Probate, heirship, will, or trust documents
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LLC, partnership, or other entity records when an entity was involved in a transfer
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Communications concerning the disputed sale, deed, or transfer
These records can help establish the chain of events that led to the current ownership claim and identify where the parties disagree.
Should You Notify Your Title Insurance Company After You Are Sued?
If you have an owner's title insurance policy, the lawsuit may also need to be reported to the title insurer. Texas owner policies can provide protection against certain ownership problems that existed before the property was purchased, subject to the policy's covered risks, exclusions, exceptions, and conditions.
Whether the insurer has obligations related to a particular lawsuit depends on the policy and the allegations being made. Locating the policy and reviewing its notice requirements early can therefore be useful when a third party is challenging ownership.
For a closer look at this issue, see "What Does Title Insurance Do When Someone Challenges Your Property Title in Texas?"
Can an Ownership Lawsuit Affect a Sale or Refinance?
It can. A pending ownership dispute may create complications when an owner is trying to sell or refinance the property, particularly when the litigation appears in the property records.
In qualifying Texas real estate litigation, a party seeking affirmative relief may record a lis pendens in the county property records. A lis pendens provides notice that litigation involving title, an interest in the property, or enforcement of an encumbrance is pending. It does not determine who owns the property.
For an owner or investor already working toward a transaction, however, the pending dispute may raise concerns for buyers, lenders, or title professionals reviewing the property. Addressing the underlying ownership claim may therefore become important to moving the transaction forward.
Has Someone Filed a Lawsuit Challenging Your Ownership of Texas Property?
A lawsuit involving a deed, competing ownership claim, heirship issue, or prior transfer can put valuable property rights at issue. The first step is understanding what the claimant is alleging, what the property records show, and what deadlines apply to the pending case.
If you have received a lawsuit challenging your ownership of Texas real estate, contact The Keller Firm to learn how a Real Estate Attorney may help evaluate the dispute and determine the appropriate next steps.
Disclaimer: This website is for informational purposes only and does not constitute legal advice. Do not act or refrain from acting based on anything you read on this site. Use of this site or communication with The Keller Firm does not create an attorney-client relationship.
Sources
Texas Property Code § 22.001, Trespass to Try Title
Establishes trespass to try title as the Texas method for determining title to real property.
https://statutes.capitol.texas.gov/Docs/SDocs/PROPERTYCODE.pdf
Martin v. Amerman, 133 S.W.3d 262 (Tex. 2004)
Texas Supreme Court authority addressing how a claimant may establish superior title in a trespass-to-try-title action.
https://law.justia.com/cases/texas/supreme-court/2004/2000337.html
Texas Rules of Civil Procedure, Rule 99
Current Texas procedural rules governing citation and the general deadline to answer a civil lawsuit.
https://www.txcourts.gov/rules-forms/
Texas Property Code § 12.007, Lis Pendens
Addresses when a notice of pending litigation involving certain interests in real property may be recorded.
https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.12.pdf
Texas Department of Insurance, Owner's Policy
Provides consumer information about Texas owner's title insurance and ownership-related risks.
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