Rule 775.Property Sold
Last verified June 28, 2026
In one sentenceRule 775 directs the court, when personal property will not admit a fair and equitable partition in kind, to order it sold and the proceeds divided among the owners in proportion to their interests.
Full Text of Rule 775
When personal property will not admit of a fair and equitable partition, the court shall ascertain the proportion to which each owner thereof is entitled, and order the property to be sold, and execution shall be issued to the sheriff or any constable of the county where the property may be describing such property and commanding such officer to sell the same as in other cases of execution, and pay over the proceeds of sale to the parties entitled thereto, in the proportion ascertained by the judgment of the court.
End
Plain-English Summary
Rule 775 handles indivisible personal property. When the personal property will not admit of a fair and equitable partition in kind, the court ascertains the proportion to which each owner is entitled and orders the property sold, with the proceeds divided among the owners in those proportions.
Frequently Asked Questions
What if personal property can't be divided in a Texas partition?
The court orders it sold and the proceeds divided by each owner's share (Rule 775).
How is indivisible personal property sold in a Texas partition?
Through an execution sale — the officer sells it the same way property is sold under execution (Rule 775).
Who receives the money from a Rule 775 sale?
The owners, in the proportions the court's judgment ascertained.
Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the
Texas Rules of Civil Procedure (Tex. R. Civ. P. 775), 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: personal property sold partitionexecution sale personal property partitionproceeds paid by proportion partitionsheriff sells personal property partitionTRCP 775