Sec. 33.46.  PARTITION OF REAL PROPERTY.  (a)  If suit is filed to foreclose a tax lien on real property owned in undivided interests by two or more persons, one or more of the owners may have the property partitioned in the manner prescribed by law for the partition of real property in district court.
(b)  The court shall apportion the taxes, penalties, interest, and costs sued for to the owners of the property in proportion to the interest of each.  If an owner pays the taxes, penalties, interest, and costs apportioned to him, the property partitioned to him is free from further claim or lien for the taxes involved in the suit.  If an owner refuses to pay the amount apportioned to him, the suit shall proceed against him for that amount.
(c)  The court shall allow reasonable attorney's fees and costs of partitioning for each property partitioned.  The fee shall be taxed as costs against each owner in proportion to his interest and constitutes a lien against the property until paid.
Acts 1979, 66th Leg., p. 2294, ch. 841, Sec. 1, eff. Jan. 1, 1982.