Rule 770.Property Incapable of Division
Last verified June 28, 2026
In one sentenceRule 770 directs the court, when a fair and equitable division of the real estate cannot be made, to order the property sold and the proceeds divided among the owners according to their interests.
Full Text of Rule 770
Should the court be of the opinion that a fair and equitable division of the real estate, or any part thereof, cannot be made, it shall order a sale of so much as is incapable of partition, which sale shall be for cash, or upon such other terms as the court may direct, and shall be made as under execution or by private or public sale through a receiver, if the court so order, and the proceeds thereof shall be returned into court and be partitioned among the persons entitled thereto, according to their respective interests.
End
Plain-English Summary
Rule 770 handles property that cannot be split. If the court is of the opinion that a fair and equitable division of the real estate, or any part of it, cannot be made, it orders that part sold — for cash or on such other terms as the court directs — and the proceeds divided among them according to their respective interests.
Frequently Asked Questions
What if property can't be equitably divided in a Texas partition?
The court orders it sold and the proceeds divided among the owners (Rule 770).
How is property sold under Rule 770?
As under execution, or by private or public sale through a receiver if the court orders it, on cash or other terms the court sets.
What happens to the sale proceeds in a Texas partition?
They are returned into court and divided among the owners according to their respective interests (Rule 770).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 770), 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: property incapable of divisionpartition by salepartition sale through receiversale proceeds divided by interest partitionTRCP 770