Tex. Est. Code Section 1158.705
Partition Without Court Approval; Ratification of Partition Agreement

(a)

If a guardian, without court approval as provided by this subchapter, executes or intends to execute an agreement to partition any real estate in which the ward has an interest, the guardian shall file with the court in which the guardianship proceedings are pending an application for the approval and ratification of the partition agreement.

(b)

The application must:

(1)

refer to the agreement in a manner in which the court can fully understand the nature of the partition and the real estate being divided; and

(2)

state that, in the opinion of the guardian, the agreement is fair and just to the ward’s estate and is in the best interests of the estate.

(c)

On the filing of an application under Subsection (a), the court shall hold a hearing on the application as provided by Section 1158.703 (Hearing). The court shall enter an order ratifying and approving the partition agreement if the court is of the opinion that the partition is:

(1)

fairly made; and

(2)

in the best interests of the ward’s estate.

(d)

On ratification and approval, the partition is effective and binding as if originally executed after a court order.
Added by Acts 2011, 82nd Leg., R.S., Ch. 823 (H.B. 2759), Sec. 1.02, eff. January 1, 2014.

Source: Section 1158.705 — Partition Without Court Approval; Ratification of Partition Agreement, https://statutes.­capitol.­texas.­gov/Docs/ES/htm/ES.­1158.­htm#1158.­705 (accessed Jun. 5, 2024).

1158.001
Court Order Authorizing Sale 1158.051
Sale of Certain Personal Property Required 1158.101
Order for Sale 1158.102
Requirements for Application and Order 1158.103
Sale at Public Auction 1158.104
Sale on Credit 1158.105
Report 1158.151
Authority for Sale 1158.152
Contents of Application 1158.153
Grant of Application 1158.154
Report 1158.155
Commission Merchant Charges 1158.201
Application for Sale of Mortgaged Property 1158.202
Citation 1158.203
Order 1158.251
Application for Order of Sale 1158.252
Contents of Application 1158.253
Citation 1158.254
Opposition to Sale 1158.255
Hearing on Application and Any Opposition 1158.256
Order 1158.257
Sale for Payment of Debts 1158.301
Permissible Terms 1158.302
Sale on Credit 1158.351
Applicability of Subchapter 1158.352
Application and Order for Reconveyance 1158.353
Exchange for Bonds 1158.401
Required Notice 1158.402
Completion of Auction 1158.403
Time and Place of Auction 1158.404
Continuance of Auction 1158.405
Failure of Bidder to Comply 1158.451
Terms of Sale 1158.501
Authorization 1158.502
Procedure 1158.551
Report 1158.552
Action of Court on Report 1158.553
Approval of Sale When Bond Not Required 1158.554
Sufficiency of Bond 1158.555
Increased or Additional Bond Not Required 1158.556
Approval or Disapproval Order 1158.557
Deed 1158.558
Delivery of Deed 1158.559
Damages 1158.601
Failure to Apply for Sale 1158.602
Court Order 1158.651
General Prohibition on Purchase 1158.652
Exception: Executory Contract 1158.653
Exception: Best Interest of Estate 1158.654
Purchase in Violation of Subchapter 1158.701
Partition by Agreement 1158.702
Application for Approval of Partition Agreement 1158.703
Hearing 1158.704
Order 1158.705
Partition Without Court Approval 1158.706
Partition by Suit
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Accessed:
Jun. 5, 2024

§ 1158.705’s source at texas​.gov