Brewster County Deed of Trust to Secure Owelty Form

Last validated July 18, 2026 by our Forms Development Team

Brewster County Deed of Trust to Secure Owelty Form

Brewster 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
Brewster County Deed of Trust to Secure Owelty Guide

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

Brewster 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 7/18/2026

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Brewster County Clerk

Address:
201 W Ave East / PO Drawer 119
Alpine, Texas 79830 / 79831

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm

Phone: (432) 837-3366

Recording Tips for Brewster County:
  • Ensure all signatures are in blue or black ink
  • Double-check legal descriptions match your existing deed
  • Check that your notary's commission hasn't expired

Cities and Jurisdictions in Brewster County

Properties in any of these areas use Brewster County forms:

  • Alpine
  • Big Bend National Park
  • Marathon
  • Terlingua

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brewster County

How do I get my forms?

Forms are available for immediate download after payment. The Brewster 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 Brewster County?

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Brewster 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 Brewster 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. You'll need Adobe Reader (free software that most computers already have). 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 Brewster County?

Recording fees in Brewster County vary. Contact the recorder's office at (432) 837-3366 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 Brewster County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Brewster 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 Brewster 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 - ( 4763 Reviews )

Maribel P.

July 14th, 2023

Thank you so much for providing simple but very significant documents one can basically do PRO SE, without any additional huge counsel expenses and yet be legitimate enough to officially file them as state law allows and extends to basic documents processing and filings. Thank you so much for the professional documents provided as they do the proper job. MP

Reply from Staff

Thank you for the kind words Maribel. Glad we were able to help!

Linda T.

November 18th, 2022

All downloaded now I just have to fill them out. Will let you know how it does. Thanks for the service. Linda

Reply from Staff

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

Lee J.

February 20th, 2023

Very good so far -- downloading all the forms. So many forms -- I had no idea ....

Reply from Staff

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

Dorothy N.

December 22nd, 2024

The mortgage and note were thorough and very satisfactory for my purposes. The accompanying forms were excellent. I am very pleased with my purchase.

Reply from Staff

We welcome your positive feedback and are thrilled to have met your expectations. Thank you for choosing our services.

James D.

April 24th, 2019

It was very easy to set up the account but then everything is very costly. I didn't see any publications that were free to account holders, so as infrequently I have to do a title search, I may as well just hire an online service to do the legwork too.

Reply from Staff

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

Angela B.

September 19th, 2020

Great forms! Quick, easy, and to the point. The completed document, when printed out, looks really professional.

Reply from Staff

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

Eleanor W.

October 30th, 2023

This link thankfully saved us much time and expense with positive correct completion of the forms needed and verifyed with the county office where to be filed.

Reply from Staff

Your kind words have lifted our spirits! Thank you for sharing your positive experience.

Bill M.

March 10th, 2021

PROS: Quick communication. Completed the task expediently. CONS: Deciphering what was being referred to on the website when needing the proper classification wasn't clear. Had to delve through your unfamiliar territory. But managed. OVERALL: Got the job done swiftly and the end result was satisfactory. Will use again.

Reply from Staff

Thank you!

Thomas H.

April 15th, 2023

I had an initial problem of downloading the form. After contacting the website, I got an answer very quickly, and they fixed the problem.

Reply from Staff

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

Joice W G.

May 5th, 2019

Easy to use and able to individualize, which was important since I needed to print more than one doc. I just wish I had an option for a less expensive purchase - seemed like a lot for just a couple docs.

Reply from Staff

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

Elizabeth C.

September 23rd, 2020

Very happy, thank you!

Reply from Staff

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

Diane P.

July 22nd, 2022

Form was very easy to use and was processed/ recorded with no issue. Thank you it saved me from having to contact an attorney.

Reply from Staff

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

Caroline E.

June 28th, 2024

Very easy!

Reply from Staff

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

Abby H.

September 1st, 2020

Purchased the forms to make a deed. They were available immediately as promised. Easy to use. The guide and example was a big help. Will definitely use again if/when needed. Thanks.

Reply from Staff

Thank you Abby, we appreciate you. Have a great day!

Steve W.

September 9th, 2020

Perfect

Reply from Staff

Thank you!