Rule 760.Court Shall Determine, What
Last verified June 28, 2026
In one sentenceRule 760 requires the court, on the hearing of a partition suit, to determine the share or interest of each joint owner or claimant in the property and all questions of law or equity affecting the title.
Full Text of Rule 760
Upon the hearing of the cause, the court shall determine the share or interest of each of the joint owners or claimants in the real estate sought to be divided, and all questions of law or equity affecting the title to such land which may arise.
End
Plain-English Summary
Rule 760 sets the court's first job in partition. On the hearing of the cause, the court determines the share or interest of each of the joint owners or claimants in the real estate sought to be partitioned, and all questions of law or equity affecting the title — fixing who owns what before the property is divided.
Frequently Asked Questions
What does the court decide first in a Texas partition?
Each owner's share or interest and the title questions (Rule 760).
Does the partition court decide title disputes, not just shares?
Yes. Rule 760 requires the court to resolve all questions of law or equity affecting title, along with each owner's share.
Why does a Texas court fix each owner's share before appointing commissioners?
So the commissioners know, under Rule 761, exactly how large a share to allot each owner once the property is divided.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 760), 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: court shall determine partitionshares in partitiontitle questions in partition suitwho owns what in a partitionTRCP 760