Can Real Estate Be Forfeited in Texas If Only Part of It Is Tied to Alleged Criminal Activity?

 Posted on January 12, 2026 in Civil Asset Forefiture

In short, yes, real estate in Texas can be forfeited even if only part of the property is allegedly connected to criminal activity. That outcome surprises many owners. For example, in 2025, Texas news outlets reported on a federal civil forfeiture case seeking to seize a Texas mansion valued at more than one million dollars based on allegations that only certain financial transactions tied the property to criminal conduct.

If you own property under investigation, understanding what Texas law allows is critical. A Dallas County, TX asset forfeiture defense lawyer can help you evaluate how much of your property is actually at risk.

As of 2026, Texas continues to allow civil asset forfeiture even when no criminal conviction has occurred. When real estate is involved, the consequences can be severe and long-lasting.

Can Texas Seize an Entire Property if Only Part Is Linked to a Crime?

Texas law allows prosecutors to seek forfeiture of real property if they claim it was used in, or facilitated, certain criminal offenses. This can apply even when the alleged activity occurred in only part of the property.

Under Chapter 59 of the Texas Code of Criminal Procedure, property may be considered contraband if it has a sufficient connection to alleged criminal conduct. When prosecutors pursue forfeiture, they often seek the entire parcel of land rather than isolating a single room, unit, or section.

Courts then decide whether forfeiting the whole property is legally justified based on the evidence presented.

What Does Texas Law Consider "Contraband" Real Estate?

Texas law defines contraband broadly. It includes property used or intended to be used in the commission of certain crimes. When applied to real estate, this may include:

• A residence where part of the property was allegedly used for illegal activity

• A rental property tied to alleged conduct by a tenant or occupant

• Commercial real estate connected to alleged drug, fraud, or financial crimes

Ownership alone does not protect property. The focus is on whether the state can prove a meaningful connection between the property and the alleged offense.

Does the State Have To Prove the Owner Knew About the Activity?

Asset forfeiture cases in Texas are civil proceedings, not criminal prosecutions. This means the state does not have to prove guilt beyond a reasonable doubt.

Under Texas Code of Criminal Procedure § 59.02, the state must show a substantial connection between the property and the alleged criminal activity. Property owners may then raise defenses, including lack of knowledge or lack of consent.

For landlords, co-owners, or family members, this issue is often central. Courts look closely at what the owner knew, when they knew it, and whether they took steps to prevent or stop the alleged activity.

Can Courts Limit Forfeiture to Only Part of a Property?

Texas courts have discretion to consider whether forfeiture of an entire property would be excessive under the circumstances. Judges may look at how much of the property was allegedly involved and whether other areas of the property were used for lawful purposes. They may also consider whether the value of the property is proportional to the alleged offense.

These arguments require evidence and careful legal presentation. Without a strong defense, courts may still approve forfeiture of the entire property.

How Can Property Owners Challenge Real Estate Forfeiture in Texas?

Property owners have the right to contest forfeiture. Common options include:

• Challenging the alleged connection between the property and the crime

• Showing a lack of knowledge or a lack of consent

• Arguing that forfeiture would be excessive

• Identifying procedural errors in the seizure process

Because forfeiture cases move quickly, swift action is critical.

How Do Courts Decide Whether Forfeiture of Real Estate Is Excessive Under Texas Law?

When prosecutors seek to forfeit an entire piece of real estate, courts must consider whether taking the full property is excessive compared to the alleged conduct. This issue often becomes central when only part of the property is tied to criminal activity.

Texas courts may examine:

• The value of the property compared to the seriousness of the alleged offense

• Whether the property was primarily used for lawful purposes

• How closely the alleged activity is connected to the real estate itself

• Whether forfeiture would punish beyond what is reasonable

These arguments are especially important in cases involving family homes, rental properties, or large parcels of land. A small amount of alleged activity does not automatically justify the seizure of an entire property. Courts can limit forfeiture when the connection is weak or the penalty is disproportionate.

Schedule a Free Consultation With Our Dallas, TX Asset Forfeiture Defense Attorney

Real estate forfeiture can threaten homes, investments, and long-term financial security. Spencer & Associates can help you understand whether your property is truly subject to forfeiture and what defenses may apply. Attorney Arnold Spencer brings more than 30 years of legal experience and a strong reputation as a trial lawyer and litigator to forfeiture cases.

Call 469-283-6126 to speak with a Dallas County, TX asset forfeiture defense lawyer about protecting your property and your rights.