Rule 774.Decree of Court Executed
Last verified June 28, 2026
In one sentenceRule 774 provides that when partition in kind of personal property is ordered by the judgment, a writ issues in accordance with the judgment, directing the officer to put the parties forthwith in possession of the property allotted to each respectively.
Full Text of Rule 774
When partition in kind of personal property is ordered by the judgment of the court, a writ shall be issued in accordance with such judgment, commanding the sheriff or constable of the county where the property may be to put the parties forthwith in possession of the property allotted to each respectively.
End
Plain-English Summary
Rule 774 carries out a personal-property partition. When partition in kind of personal property is ordered by the judgment of the court, a writ is issued in accordance with the judgment, directing the officer to put the parties forthwith in possession of the property allotted to each respectively.
Frequently Asked Questions
How is a personal-property partition carried out in Texas?
A writ issues directing the officer to put each party in possession of the property allotted to them (Rule 774).
Who enforces a personal-property partition decree in Texas?
The sheriff or constable of the county where the property is located (Rule 774).
How quickly must the officer deliver the property under Rule 774?
Forthwith — the rule directs the officer to put each owner in immediate possession of their allotted share.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 774), 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: decree executed personal property partitionsheriff delivers partitioned propertywrit of possession personal property partitionforthwith delivery partitionTRCP 774