In one sentenceRule 756 sets what a partition petition must state — the names and residence of the joint owners or claimants, each party's share or interest, and a description of the land sought to be partitioned.
(a)The names and residence, if known, of each of the other joint owners, or joint claimants, of such property.
(b)The share or interest which the plaintiff and the other joint owners, or joint claimants, of same own or claim so far as known to the plaintiff.
(c)The land sought to be partitioned shall be so described as that the same may be distinguished from any other and the estimated value thereof stated.
End
Plain-English Summary
Rule 756 opens the partition procedure. The plaintiff's petition for partition must state the names and residence, if known, of each of the other joint owners or joint claimants of the property; the share or interest the plaintiff and the other owners hold; and a description of the land sought to be partitioned, sufficient to identify it — so the court can divide jointly owned property among its owners.
Frequently Asked Questions
What must a Texas partition petition contain?
The joint owners' names and residence, each party's share or interest, and a description of the land (Rule 756).
What if the plaintiff doesn't know a co-owner's address in a Rule 756 petition?
The petition states the co-owner's name and residence only so far as known — Rule 758 covers what to do when a co-owner or address can't be found at all.
How detailed must the land description be under Rule 756?
Detailed enough to distinguish the land from any other property, with its estimated value stated.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 756), 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:partition petitionpetition partition of propertylisting co-owners in partition suitdescribing land in partition petitionTRCP 756