Fayette County Deed of Trust to Secure Owelty Form

Last validated August 12, 2026 by our Forms Development Team

Fayette County Deed of Trust to Secure Owelty Form

Fayette 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
Fayette County Deed of Trust to Secure Owelty Guide

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

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

Where to Record Your Documents

Fayette County Clerk

Address:
246 W Colorado St / PO Box 59
La Grange, Texas 78945-2206

Hours: Monday-Friday 8am-5pm

Phone: (979) 968-3251

Recording Tips for Fayette County:
  • Ensure all signatures are in blue or black ink
  • Check that your notary's commission hasn't expired
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Fayette County

Properties in any of these areas use Fayette County forms:

  • Carmine
  • Ellinger
  • Fayetteville
  • Flatonia
  • La Grange
  • Ledbetter
  • Muldoon
  • Plum
  • Round Top
  • Schulenburg
  • Warda
  • Warrenton
  • West Point

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Fayette County

How do I get my forms?

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

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

Recording fees in Fayette County vary. Contact the recorder's office at (979) 968-3251 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 Fayette 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 Fayette County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Fayette 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 Fayette 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.

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David C.

July 21st, 2021

I was very impressed. Your program makes it very user friendly which is a must for most of the public . I have recommended this site to various clients for estate planning documents with simple estates.

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September 4th, 2021

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May 26th, 2022

Quick and easy. I will definitely use this services again.

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Victoria Y.

February 11th, 2019

Great response and painless. Very easy to use

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Brenn C.

April 11th, 2022

These products would be more useful if they final deed could be copied and pasted into a word document for proper formatting. Because most of the document is protected against selecting and copying, I did not find it useful. I would not purchase again.

Reply from Staff

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A. S.

February 27th, 2019

First, I am glad that you gave a blank copy, an example copy, and a 'guide'. It made it much easier to do. Overall I was very happy with your products and organization... however, things got pretty confusing and I have a pretty 'serious' law background in Real Estate and Civil law. With that said, I spent about 10+ hours getting my work done, using the Deed of Trust and Promissory note from you and there were a few problems: First, it would be FANTASTIC if you actually aligned your guide to actually match the Deed or Promissory Note. What I mean is that if the Deed says 'section (E)' then your guide shouldn't be 'randomly' numbered as 1,2,3, for advice/instructions, but should EXACTLY match 'section (E)'. Some places you have to 'hunt' for what you are looking for, and if you did it based on my suggestion, you wouldn't need to 'hunt' and it would avoid confusion. 2nd: This one really 'hurt'... you had something called the 'Deed of Trust Master Form' yet you had basically no information on what it was or how to use it. The only information you had was a small section at the top of the 'Short Form Deed of Trust Guide'. Holy Cow, was that 'section' super confusing. I still don't know if I did it correctly, but your guide says only put a return address on it and leave the rest of the 16 or so page Deed of Trust beneath it blank... and then include your 'Deed of Trust' (I had to assume the short form deed that I had just created) as part of it. I had to assume that I had to print off the entire 17 page or so title page and blank deed. I also had to assume that the promissory note was supposed to be EXHIBIT A or B on the Short Form Deed. It would be great if someone would take a serious look at that short section in your 'Short Form Deed of Trust Guide' and realize that those of us using your products are seriously turning this into a county clerk to file and that most of us, probably already have a property that has an existing Deed... or at least can find one in the county records if necessary... and make sure that you make a distinction between the Deed for the property that already exists, versus the Deed of Trust and Promissory note that we are trying to file. Thanks.

Reply from Staff

Thank you for your feedback. We'll have staff review the document for clarity. Have a great day!

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March 23rd, 2023

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March 16th, 2026

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May 18th, 2020

Easy to use.

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January 12th, 2023

Gave me exactly what i needed

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May 18th, 2021

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October 9th, 2020

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July 23rd, 2021

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July 13th, 2021

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Linda K C.

July 16th, 2026

I wanted to do an Enhancement Life Quitclaim deed and the county government lady didn’t know what I was even talking about. I ordered the deed from Deeds.com and filled it all in,submitted to the county clerk who took 10 minutes to study it before she accepted the deed. This was the easiest transaction I’ve ever made! I actually felt smarter than the clerk who worked at the count office over 20 years.

Reply from Staff

Thank you, Linda! We’re glad the process went smoothly and that our forms helped you complete your recording with confidence. We appreciate you taking the time to share your experience!