Rule 766.Shall Proceed to Partition
Last verified June 28, 2026
In one sentenceRule 766 directs the commissioners, or a majority of them, to proceed to partition the real estate described in the court's decree, in accordance with the directions in the decree and these rules.
Full Text of Rule 766
The commissioners, or a majority of them, shall proceed to partition the real estate described in the decree of the court, in accordance with the directions contained in such decree and with the provisions of law and these rules.
End
Plain-English Summary
Rule 766 puts the commissioners to work. The commissioners, or a majority of them, proceed to partition the real estate described in the decree of the court, in accordance with the decree's directions and these rules — dividing it into the shares the court determined.
Frequently Asked Questions
How do partition commissioners divide property in Texas?
As the court's decree and the rules direct, acting by a majority (Rule 766).
Can a majority of commissioners complete a Texas partition without all of them agreeing?
Yes. Rule 766 lets a majority of the commissioners proceed to partition the property.
Must commissioners follow the court's decree exactly?
Yes. Rule 766 requires them to follow the directions in the decree along with the law and these rules.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 766), published by the Texas Judicial Branch (txcourts.gov).
Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. ·
Official source
Also known as: shall proceed to partitioncommissioners partitionmajority of commissioners partitioncommissioners follow decree directionsTRCP 766