Form 3-40

Occasionally the parties will own property with other person(s), and the disposition of the marital estate cannot be accomplished without bringing the third party or parties into the divorce action. This material can be incorporated, if appropriate, as an integral part of the divorce pleading to be inserted as a paragraph preceding the prayer. (If the material is incorporated in the respondent’s pleading, it should be reworded to reflect that the respondent, rather than the petitioner, is the complainant.) Include in the divorce pleading any further statements required by Tex. R. Civ. P. 47, tailored as appro­priate for the relief sought. Additional service is required on a third-party co-respondent. See the prac­tice notes at section 3.69.

Request for Relief from Third-Party Cotenant

1.Identity of Co-Respondent

Petitioner further complains of [name of co-respondent], Co-Respondent, who may be served with citation at [address, city, state].

Co-Respondent is a tenant in common with Petitioner and Respondent in property [describe property] located at [location].

2.Cotenancy

The property is managed by Co-Respondent, and Co-Respondent receives the revenues and rents from the property. Petitioner requests an accounting of the funds and access to the records pending final hearing on this case.

3.Request for Transfer in Ownership

Petitioner requests the Court to award the undivided interest in the property to Peti­tioner and enter a judgment reflecting the transfer in ownership to Petitioner.

4.Request for Sale

The property is not subject to partition in kind and should be placed in the hands of a receiver and sold and the proceeds partitioned.

5.Request for Partition in Kind

The property is subject to partition in kind, and the Court should order the property par­titioned in kind and award Petitioner a separate divided interest in the property.

6.Prayer for Relief

Petitioner prays for judgment against Co-Respondent

to order an accounting of the rents and revenues from the property and access to records pend­ing final hearing;

to reflect Petitioner’s undivided interest in the property;

to order the property sold and proceeds divided;

to order the property partitioned and to award Petitioner a separate divided interest in the property.