El Paso County Deed of Trust to Secure Owelty Form
Last validated July 18, 2026 by our Forms Development Team
El Paso 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.

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

El Paso 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.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Texas and El Paso County documents included at no extra charge:
Where to Record Your Documents
El Paso County Clerk
El Paso, Texas 79901
Hours: 8:00am to 5:30pm Monday through Friday
Phone: (915) 273-3532
Recording Tips for El Paso County:
- White-out or correction fluid may cause rejection
- Ask about their eRecording option for future transactions
- Some documents require witnesses in addition to notarization
Cities and Jurisdictions in El Paso County
Properties in any of these areas use El Paso County forms:
- Anthony
- Canutillo
- Clint
- El Paso
- Fabens
- Fort Bliss
- San Elizario
- Tornillo
Hours, fees, requirements, and more for El Paso County
How do I get my forms?
Forms are available for immediate download after payment. The El Paso 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 El Paso County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in El Paso 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 El Paso 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 El Paso County?
Recording fees in El Paso County vary. Contact the recorder's office at (915) 273-3532 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 El Paso 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 El Paso County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable El Paso 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 El Paso 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 - ( 4764 Reviews )
Lori A.
February 2nd, 2024
My county accessors office recommended this site. My Uncle passed away and did not leave a will and I needed to have his deed transferred into my name. I was able to do it using the sample Deeds.com provided. I used it as a guide to fill out the paperwork that I printed off of the Deeds.com site. I had no problem when I went to the county and turned in the paperwork and the clerk said everything looked great.
Thank you so much for taking the time to share your experience Lori. We are deeply sorry for your loss and understand how challenging managing affairs can be during such a difficult time. It's heartening to hear that our resources were helpful to you in transferring your uncle's deed into your name.
We strive to make complex processes more accessible and manageable, and your feedback affirms the value of our work. Knowing that the county assessor's office recommended us and that the clerk found everything in order with your paperwork is incredibly gratifying.
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November 17th, 2019
I liked that the documents could be filled in on my computer. All the documents came out nice, better than I expected really.
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Jan David F.
January 5th, 2019
Your data doesn't go deep enough in time to be useful to me. I needed deeds from 1911 to 1966.
Thank you for your feedback Jan. It does look like staff canceled your order after discussing your needs with you.
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October 12th, 2019
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August 26th, 2021
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August 18th, 2021
too much money
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May 27th, 2020
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September 21st, 2020
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September 17th, 2020
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David P.
February 23rd, 2019
Thank you. I was just looking but still think it is a great website. Used it a couple of years ago for a deed. Thank you.
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June 7th, 2019
My grandaughter in law got the info for me and it looks very help ul nThanks Doris
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April 19th, 2019
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Carlin L.
March 14th, 2019
I have yet to have my Certification of Trust notarized nor have I gone to my bank to see if it's acceptable I hope it will be it was rather easy to do thank you so much.
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March 21st, 2021
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July 16th, 2019
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