Denton County Deed of Trust to Secure Owelty Form

Last validated July 18, 2026 by our Forms Development Team

Denton County Deed of Trust to Secure Owelty Form

Denton 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
Denton County Deed of Trust to Secure Owelty Guide

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

Denton 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 Denton County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

County Clerk Main Office

Address:
Courts Bldg - 1450 East McKinney St / PO Box 2187
Denton, Texas 76209-4524

Hours: Mon to Fri 8:00 - 5:00; Wed until 4:30

Phone: (940) 349-2010 & (972) 434-8820

Recording Tips for Denton County:
  • Bring your driver's license or state-issued photo ID
  • Leave recording info boxes blank - the office fills these
  • Avoid the last business day of the month when possible
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Denton County

Properties in any of these areas use Denton County forms:

  • Argyle
  • Aubrey
  • Carrollton
  • Denton
  • Flower Mound
  • Frisco
  • Justin
  • Krum
  • Lake Dallas
  • Lewisville
  • Little Elm
  • Pilot Point
  • Ponder
  • Roanoke
  • Sanger
  • The Colony

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Denton County

How do I get my forms?

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

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

Recording fees in Denton County vary. Contact the recorder's office at (940) 349-2010 & (972) 434-8820 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 Denton 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 Denton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Denton 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 Denton 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 - ( 4767 Reviews )

Patricia N.

May 7th, 2025

Wonderful fast service, quick thoughtful responses on chat! Files download easily too, great pruces

Reply from Staff

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

Tong B.

May 7th, 2020

hi, It is very easy to do it. tanks.

Reply from Staff

Thank you!

Jan M.

June 5th, 2019

Fantastic company. They are the absolute best and helped me get the information I needed.

Reply from Staff

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

Jacqui G.

April 8th, 2020

Excellent system and serviced!

Reply from Staff

Thank you!

Shawn B.

December 26th, 2020

Very convenient and easy to use. The quick response time was very much appreciated!

Reply from Staff

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

Emili C.

October 14th, 2020

Thank you! I received my forms promptly and they are easy to follow along for filling out. The examples gave me confidence that they were done correctly.

Reply from Staff

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

Lori G.

June 17th, 2019

I needed to add my husband to my deed. an attorney would charge me $275.00. I decided to file myself. This makes it easy. Not done w/the process yet. But so far so good! :)

Reply from Staff

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

Patricia K.

August 8th, 2019

Able to find the information that I needed.

Reply from Staff

Thank you!

Stephanie F.

August 15th, 2024

Thorough, efficient, couldn't ask for better support. I refer everyone I know in real estate to use Deeds.com

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Lynne Z.

April 22nd, 2022

not enough room for legal description. Wouldn't allow me to enter widow status in owner box. Not clear who to send it to so I printed it out and will ask the notary who I use for recording it.

Reply from Staff

Thank you!

Charles R.

December 18th, 2018

No review provided.

Reply from Staff

Thank you for your review. Have a fantastic day!

Paula M.

October 15th, 2021

So far it seems good. I am still trying to send information to this company so they can help me with the deed.

Reply from Staff

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

Patricia W.

January 29th, 2019

The "Trustee's Deed" should have been labeled a Deed of Trust because that's what it really is. So now I just wasted $19.97 getting something I can't use.

Reply from Staff

Thank you for your feedback. Sorry to hear of your confusion. We have canceled your order and payment for the trustee's deed document.

Thomas V.

January 7th, 2019

Easy to use. Accomplished my goal

Reply from Staff

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

Paul N.

September 18th, 2022

Had what I needed, service was excellent.

Reply from Staff

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