Burleson County Deed of Trust to Secure Owelty Form

Last validated August 12, 2026 by our Forms Development Team

Burleson County Deed of Trust to Secure Owelty Form

Burleson 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
Burleson County Deed of Trust to Secure Owelty Guide

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

Burleson 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

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

Where to Record Your Documents

Burleson County Clerk

Address:
100 West Buck Street, Suite 203
Caldwell, Texas 77836

Hours: Monday - Friday 8:00 am - 5:00 pm

Phone: (979) 567-2329

Recording Tips for Burleson County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Recorded documents become public record - avoid including SSNs
  • Request a receipt showing your recording numbers
  • Make copies of your documents before recording - keep originals safe

Cities and Jurisdictions in Burleson County

Properties in any of these areas use Burleson County forms:

  • Caldwell
  • Chriesman
  • Deanville
  • Lyons
  • Snook
  • Somerville

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Burleson County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Burleson 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 Burleson 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 Burleson County?

Recording fees in Burleson County vary. Contact the recorder's office at (979) 567-2329 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 Burleson 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 Burleson County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Burleson 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 Burleson 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 - ( 4783 Reviews )

QINGXIONG L.

January 1st, 2021

The major problem is too expensive, particularly sometime, only few words need to file correction deed which cost 20 dollars!!

Reply from Staff

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MARY LACEY M.

June 25th, 2020

Excellent service! From setting up an account to successfully recording, the instructions were clear and easy to follow. I am very pleased to have this service available, and favorably impressed by our current Maricopa County Recorder for pursuing its availability. Thank you.

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November 17th, 2020

excellent

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February 17th, 2021

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May 30th, 2019

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August 10th, 2023

So far so good. I will be taking the report to the Marion County Clerks office this week to see if it meets their requirements. If so, I will definitely be able to recommend Deeds.com to others.

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August 2nd, 2019

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January 29th, 2023

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July 16th, 2019

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June 12th, 2021

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Richelle B.

August 10th, 2020

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yvonne e.

July 19th, 2020

Poor communication. Confusing charges. (Waiting for explanation) overall, not thrilled and at this point would not recommend.

Reply from Staff

Sorry to hear of your confusion. We've gone ahead and canceled your order. We do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.

Robert C.

March 31st, 2019

I hope I have the right form. My deed should be for a mfg home.

Reply from Staff

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Trace A.

June 3rd, 2023

Deeds.com had much better and fuller information than any other help i found (90% complete vs 60 % complete); they tout how up-to-date they are on all the counties in the country and the idiosyncrasies of each county's forms and procedures; but some minor points of the info i needed were missing or confusing. Including that they sold me on e-Recording my deed through them, only to find out after i had done all the prep for that, that they had failed to tell me upfront (or i missed it somehow) that the county i was dealing with did not yet accept online recording. So, they were by far the best i found, but not 100%.

Reply from Staff

Thank you for your honest and thorough feedback Trace. We will review your concerns carefully in an effort to improve our services. Hope you have an amazing day.

Mary N.

January 13th, 2021

Very easy to use.

Reply from Staff

Thank you Mary.