Brazoria County Deed of Trust to Secure Owelty Form

Last validated August 12, 2026 by our Forms Development Team

Formatted for recording in Brazoria County, for property anywhere in the county: rural and unincorporated areas as well as Alvin, Angleton, Brazoria, Clute, Damon, Danbury, Danciger, Freeport and 8 more.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Brazoria County Deed of Trust to Secure Owelty Form

Brazoria County Deed of Trust to Secure Owelty Form

Fill in the blank Deed of Trust to Secure Owelty form formatted to comply with all Texas recording and content requirements.

Document last validated 7/18/2026
Brazoria County Deed of Trust to Secure Owelty Guide

Brazoria County Deed of Trust to Secure Owelty Guide

Line by line guide explaining every blank on the Deed of Trust to Secure Owelty form.

Document last validated 7/18/2026
Brazoria County Completed Example of the Deed of Trust to Secure Owelty Document

Brazoria County Completed Example of the Deed of Trust to Secure Owelty Document

Example of a properly completed Texas Deed of Trust to Secure Owelty document for reference.

Document last validated 8/12/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Brazoria County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

East Annex - Real Property Records Office

Address:
1524 E Mulberry (old Wal-Mart Building on E Hwy 35)
Angleton, Texas 77515

Hours: 8:00 - 5:00 M-F

Phone: 979-864-1059

Mailing Address: Brazoria County Courthouse, County Clerk Office

Address:
111 E Locust, Suite 200
Angleton, Texas 77515

Hours: N/A

Phone: 979-864-1355

Manvel Substation

Address:
7313 Corporate Dr
Manvel, Texas 77578

Hours: 8:00 to 11:30 & 12:30 to 4:45 M-F

Phone: 281-756-2426

Pearland Substation

Address:
2436 S Grand, Suite 106
Pearland, Texas 77581

Hours: 8:00 to 12:30 & 1:30 to 4:45 Wed - Fri

Phone: 281-412-3399 and 4499

Recording Tips for Brazoria County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Avoid the last business day of the month when possible
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Brazoria County

Properties in any of these areas use Brazoria County forms:

  • Alvin
  • Angleton
  • Brazoria
  • Clute
  • Damon
  • Danbury
  • Danciger
  • Freeport
  • Lake Jackson
  • Liverpool
  • Manvel
  • Old Ocean
  • Pearland
  • Rosharon
  • Sweeny
  • West Columbia

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brazoria County

How do I get my forms?

Forms are available for immediate download after payment. The Brazoria County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.

Are these forms guaranteed to be recordable in Brazoria County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Brazoria County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Brazoria County you only need to order once.

What do I need to use these forms?

The forms are PDFs that you fill out on your computer. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.

Are there any recurring fees?

No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.

How much does it cost to record in Brazoria County?

Recording fees in Brazoria County vary. Contact the recorder's office at 979-864-1059 for current fees.

Questions answered? Let's get started!

Texas homestead law voids most liens the moment they touch a homestead, and the short list of exceptions in Article XVI, Section 50 of the Texas Constitution is famously hard to get onto. An owelty of partition is on that list. When co-owned property is divided unequally, so that one co-owner keeps the whole property and owes the other for the surrendered share, the constitution permits that equalizing debt to be secured against the entirety of the property, homestead included. This deed of trust is the security instrument for exactly that debt.

A Lien That Reaches the Whole Property

Section 50(a)(3) excepts from homestead protection an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding. Property Code Section 41.001(b)(4) repeats the rule on the statutory side. The doctrine is older still: in Sayers v. Pyland (Tex. 1942), the Texas Supreme Court described an owelty as being in the nature of purchase money secured by a vendor's lien and enforced one against a homestead fixed by voluntary agreement. The form recites the constitutional and statutory provisions, states that the lien attaches to the entirety of the property including any homestead interest, and identifies the specific decree or partition agreement that imposed the owelty, the connection on which the exception depends.

Divorce Buyouts and Co-Owner Partitions

The most common owelty arises in divorce: the decree awards the home to one spouse and imposes an owelty in favor of the other, payable over time or at a refinance or sale. The same structure carries a voluntary partition among co-owners, such as siblings who inherited a property and signed a written agreement setting it aside to one of them. In either setting, the co-owner keeping the property signs a promissory note and this deed of trust; the departing co-owner holds a recorded lien on the whole property rather than an unsecured promise. Where a married grantor encumbers homestead property in a co-owner partition, the form carries a joining spouse signature block and separate acknowledgment for the joinder Family Code Section 5.001 describes.

The Note, the Source Instrument, and the Power of Sale

The form identifies the note by date, amount, maker, payee, interest, and maturity, conveys the property to a trustee in trust with power of sale, and states the remedy path on default: acceleration after any required notice and cure period, then a trustee sale conducted under the notice, timing, and place requirements of Property Code Section 51.002, with substitute trustees appointed under Section 51.0075. The notice of confidentiality rights required by Property Code Section 11.008 appears at the top of the first page, and the instrument is formatted for Texas recording standards with space reserved for the clerk's stamp.

What Comes With the Form

The download includes the fillable deed of trust, a guide that walks through all fourteen sections with the statutes and cases behind them, and a completed example documenting a realistic divorce owelty from decree to acknowledgment. The materials are informational and are not legal advice.

Important: Your property must be located in Brazoria County to use these forms. Documents should be recorded at the county recording office listed above.

This Deed of Trust to Secure Owelty meets all recording requirements specific to Brazoria County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Brazoria County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Brazoria County Deed of Trust to Secure Owelty form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4,786 Reviews )

Patricia U. 5 out of 5 stars

Quick and easy document recording from home! Wish I knew about this before!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Robert S B. 2 out of 5 stars

I would not have ordered this form had I realised how limited the fields are for details. There is no room for elaboration of terms. The language only allows one grantor and one grantee, and the gender and quantity default construction is a poor choice. Be basic, but leave room for more.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Greg G. 5 out of 5 stars

Easiest Filing I've ever done, and filed in 24 hours.

Reply from Staff

Thank you!

Tom D. 5 out of 5 stars

I have one suggestion and couple of question I would think that most TOD's would be from married couples. It would be real helpful to have a example of the I(we) block for married couples. Why would I check or not check the "property is registered (torrents)" Do I need a notarized signature of the Grantee

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

MARY LACEY M. 5 out of 5 stars

Great service! Recording was smooth and swiftly performed. Deeds.com is an excellent service.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Cynthia N. 5 out of 5 stars

great service, quick and easy!

Reply from Staff

Thank you!

Judi W. 5 out of 5 stars

Great website! Well organized, easy to navigate and put to practical use. Would use again.

Reply from Staff

Thank you!

Gladys F. 5 out of 5 stars

The process was very friendly and easy to use. I appreciated the status updates as well as clear instructions on what was needed to get the file ready for recording.

Reply from Staff

Thank you!

John C. 5 out of 5 stars

Ease and speed of recording are remarkable. This is especially true of deeds with problems: I often get feedback within minutes and can correct problems immediately and still complete the filing in the same day. I wish more counties accepted electronic filing! It would be helpful to list counties that do/do not accept electronic filing so I would not have to upload documents to find out my effort was fruitless.

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!

Judith D. 5 out of 5 stars

If my availability does not coincide with your business hours it should not prevent me from uploading my documents and making payment. You should allow people to upload their documents at any time with the understanding that you will process them on your next business day.

Reply from Staff

Thank you!

David E. 5 out of 5 stars

What a great set of documents, including instructions and examples. Also has a set of bonus documents. Very nice for a do-it-yourselfer.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Ginger C. 5 out of 5 stars

So far so good. Thank you for your prompt responses. Much appreciated.

Reply from Staff

Thank you!

James J. 5 out of 5 stars

I couldn't be more pleased or more impressed with the e-recording services I received from deeds.com and from my service representative, KVH. I was able to record documents in approximately half a dozen different counties easily and seamlessly, with a minimum of fuss. The turn around time was incredibly fast. The pricing was incredibly reasonable. I know I have alternatives because, in the past, I have used a competitor service for my recording needs. I won't do that again -- this was an exceptional experience. Thank you for your help!

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

William B. 5 out of 5 stars

The website works just as described. I couldn't ask for anything more helpful in drafting an easement and all at a very reasonable price. Thank you!

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Daniel Z. 5 out of 5 stars

All is well that ends well and this form service seemed to work quite smoothly, even though my printer gives me fits at times, having to hand feed the blank paper.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!