Rule 768.Shall Divide Real Estate
Last verified June 28, 2026
In one sentenceRule 768 directs the commissioners to divide the real estate into as many shares as there are persons entitled, as determined by the court, allotting a share to each by a fair and equitable division of value.
Full Text of Rule 768
The commissioners shall divide the real estate to be partitioned into as many shares as there are persons entitled thereto, as determined by the court, each share to contain one or more tracts or parcels, as the commissioners may think proper, having due regard in the division to the situation, quantity and advantages of each share, so that the shares may be equal in value, as nearly as may be, in proportion to the respective interests of the parties entitled. The commissioners shall then proceed by lot to set apart to each of the parties entitled one of said shares, determined by the decrees of the court.
End
Plain-English Summary
Rule 768 is the division itself. The commissioners divide the real estate to be partitioned into as many shares as there are persons entitled to it, as determined by the court, and allot one share to each — having regard to a fair and equitable division by value, not merely by area.
Frequently Asked Questions
How is land divided in a Texas partition?
Into one share per entitled person, equitably by value, as the court determined (Rule 768).
How do commissioners decide which owner gets which share?
By lot. Rule 768 has the commissioners draw lots to set apart one of the divided shares to each party entitled.
Do all shares in a Texas partition have to be the same size?
Not in area. Rule 768 requires shares equal in value, as nearly as may be, in proportion to each owner's interest — not equal acreage.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 768), 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 divide real estate partitiondrawing lots for partition sharesequal value shares partitiondividing by value not acreageTRCP 768