Rule 772.Procedure
Last verified June 28, 2026
In one sentenceRule 772 provides that an action seeking partition of personal property under Section 23.001 of the Property Code is commenced in the same manner as other civil suits, though it proceeds under the same rules as a suit for partition of real estate.
Full Text of Rule 772
An action seeking partition of personal property as authorized by Section 23.001, Texas Property Code, shall be commenced in the same manner as other civil suits, and the several owners or claimants of such property shall be cited as in other cases.
End
Plain-English Summary
Rule 772 extends partition to personal property. An action seeking partition of personal property, as authorized by Section 23.001 of the Texas Property Code, is commenced in the same manner as other civil suits, and proceeds under the same rules as a suit for the partition of real estate, with the adjustments the following rules make.
Frequently Asked Questions
Can you partition personal property in Texas?
Yes. Rule 772 supplies the procedure for partition of personal property under the Property Code — the suit is commenced like any other civil action.
How does a personal-property partition suit begin in Texas?
The same way as any other civil suit, with the owners or claimants cited as in other cases (Rule 772).
What law authorizes partition of personal property in Texas?
Section 23.001 of the Texas Property Code; Rule 772 supplies the procedure for bringing that action.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 772), 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 of personal propertypersonal property partition procedureSection 23.001 Property Code partitioncivil suit personal property partitionTRCP 772