Rule 773.Value Ascertained
Last verified June 28, 2026
In one sentenceRule 773 requires the separate value of each article of personal property, and the allotment in kind to which each owner is entitled, to be ascertained so the property can be divided equitably.
Full Text of Rule 773
The separate value of each article of such personal property, and the allotment in kind to which each owner is entitled, shall be ascertained by the court, with or without a jury.
End
Plain-English Summary
Rule 773 values the personal property. The separate value of each article of the personal property, and the allotment in kind to which each owner is entitled, are ascertained — by the court or as the court directs — so the items can be divided equitably among the owners.
Frequently Asked Questions
How is personal property valued for partition in Texas?
Each article's separate value and each owner's allotment are ascertained (Rule 773).
Does a jury decide the value of personal property in a Texas partition?
Not necessarily. Rule 773 lets the court ascertain each article's value with or without a jury.
What two things does the court determine under Rule 773?
The separate value of each article of personal property and the in-kind allotment each owner is entitled to receive.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 773), 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: value ascertained personal property partitioncourt values personal property partitionjury not required partition valuationallotment in kind personal propertyTRCP 773