Rule 761.Appointment of Commissioners
Last verified June 28, 2026
In one sentenceRule 761 requires the court, before entering a decree of partition, to determine whether the property is susceptible of partition in kind, and if so, to appoint commissioners to make the division.
Full Text of Rule 761
The court shall determine before entering the decree of partition whether the property, or any part thereof, is susceptible of partition; and, if the court determines that the whole, or any part of such property is susceptible of partition, then the court for that part of such property held to be susceptible of partition shall enter a decree directing the partition of such real estate, describing the same, to be made in accordance with the respective shares or interests of each of such parties entitled thereto, specify in such decree the share or interest of each party, and shall appoint three or more competent and disinterested persons as commissioners to make such partition in accordance with such decree and the law, a majority of which commissioners may act.
End
Plain-English Summary
Rule 761 covers the next step. Before entering the decree of partition, the court determines whether the property, or any part of it, is susceptible of a fair partition in kind. If it is, the court appoints commissioners — three or more competent and disinterested persons — to make the partition under the decree.
Frequently Asked Questions
Who divides property in a Texas partition?
Commissioners the court appoints, if the property can be equitably divided in kind (Rule 761).
How many commissioners does a Texas court appoint for a partition?
At least three competent and disinterested persons, and a majority of them may act (Rule 761).
What if only part of the property can be divided in kind?
The court decrees partition for the part that is susceptible of division and appoints commissioners for that part, leaving the rest for other handling, such as a sale under Rule 770.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 761), 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: appointment of commissioners partitionthree commissioners partition Texasdisinterested commissioners appointmentpartition decree TexasTRCP 761