Gillespie County Deed of Trust to Secure Owelty Form

Last validated July 18, 2026 by our Forms Development Team

Gillespie County Deed of Trust to Secure Owelty Form

Gillespie 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
Gillespie County Deed of Trust to Secure Owelty Guide

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

Gillespie 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

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

Where to Record Your Documents

Gillespie County Clerk

Address:
101 West Main St, Mail Unit 13, Rm 109
Fredericksburg, Texas 78624

Hours: Monday - Friday 8:00am - 4:00pm

Phone: (830)997-6515

Recording Tips for Gillespie County:
  • White-out or correction fluid may cause rejection
  • Double-check legal descriptions match your existing deed
  • Check that your notary's commission hasn't expired
  • Consider using eRecording to avoid trips to the office

Cities and Jurisdictions in Gillespie County

Properties in any of these areas use Gillespie County forms:

  • Doss
  • Fredericksburg
  • Harper
  • Stonewall
  • Willow City

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Gillespie County

How do I get my forms?

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

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

Recording fees in Gillespie County vary. Contact the recorder's office at (830)997-6515 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 Gillespie 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 Gillespie County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Gillespie 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 Gillespie 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 )

John K.

December 28th, 2020

The sample completed form was a big help. While not exactly on point with my situation, it was enough to help me complete it on my own

Reply from Staff

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

Michael R.

August 25th, 2025

A suggestion: Include instructions on how to add your spouse to the deed, rather than transferring completely to a third party

Reply from Staff

Thank you for your thoughtful feedback. Adding a spouse to a deed is a common need, and suggestions like yours help us identify where additional guidance would be useful. We’ll take this into consideration as we continue improving our resources.

Hanne R.

November 17th, 2020

excellent

Reply from Staff

Thank you!

Allen P.

January 7th, 2023

Information very useful and helpful. It would be helpful to inform purchasers that legal size paper is needed to print documents. We had to run to the store and purchase some.

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kelly j.

May 17th, 2026

Exactly what the form i was looking for as a PR to sell my brothers property after he passed away. Simple to understand with great instructions. Form fitted for my state and county..

Reply from Staff

Thank you, Kelly. We’re happy to hear the form was easy to follow and fit your state and county needs. We appreciate you taking the time to share your experience.

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June 26th, 2020

Easy forms to follow. Thank you for this service. You can even file them through e-filing. Great service. Thanks. Maria F.

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Don M.

February 17th, 2023

The process was easy going. The process is one thing, the results another. I have attempting to resolve this matter, of claiming sole ownership of the property for several YEARS. I lost my Bride of 65 years in 2015. A lawyer I hired failed in his attempt, so I'm waiting to see the actual results. I also have two parcels in New Mexico under the same situation, so if this is successful, I'll gladly be back. Thank You so very much. Don Martin

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Charles D.

November 17th, 2020

Very easy to download, very easy to use. Good examples to answer questions.

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Thank you!

Sherry P.

November 24th, 2020

It would be helpful to have a frequently asked questions section. That would make it easier to know I have the correct form. Sherry

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February 5th, 2024

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June 23rd, 2020

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June 29th, 2021

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July 26th, 2023

The web site is alright, not the easiest to navigate and the wording on the papers could be simpler to understand.

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November 22nd, 2020

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