Rule 778.Costs
Last verified June 28, 2026
In one sentenceRule 778 directs the court to adjudge the costs of a partition suit against each party to whom a share is allotted, in proportion to the value of that party's share.
Full Text of Rule 778
The court shall adjudge the costs in a partition suit to be paid by each party to whom a share has been allotted in proportion to the value of such share.
End
Plain-English Summary
Rule 778 spreads the costs. The court adjudges the costs of a partition suit to be paid by each party to whom a share has been allotted, in proportion to the value of that share — reflecting that all the co-owners benefit from the division, not just the one who filed the suit.
Frequently Asked Questions
Who pays the costs of a partition in Texas?
Each owner pays in proportion to the value of the share allotted to them (Rule 778).
Does the party who filed the partition suit pay all the costs?
No. Rule 778 spreads the costs across every owner who received a share, not just the one who filed suit.
How are partition costs calculated for each owner?
In proportion to the value of the share that owner receives (Rule 778).
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 778), 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: costs partition suitsplitting partition suit costscosts proportional to share valuewho pays for a partition lawsuitTRCP 778