Section 6 Parol Partition

• Library: Real Estate Fundamentals 2011

Parol partition has been defined as a “division, and in no legal sense a conveyance of land, the result of which is to vest the equitable title of the respective shares in the tenants in common to whom allotments are made, the legal title remaining as before.” Wilson v. Beck, 286 S.W. 315, 318 (Tex. Civ. App. 1926). Parol partitions arise when the parties have agreed to partition the property but have not done so through proper conveyances. See, e.g., Clark v. Clark, 18 S.W.2d 77 (Mo. 1929).

Parol partitions...