Mitchell County Deed of Trust to Secure Owelty Form

Last validated August 12, 2026 by our Forms Development Team

Formatted for recording in Mitchell County, for property anywhere in the county: rural and unincorporated areas as well as Colorado City, Loraine, Westbrook.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Mitchell County Deed of Trust to Secure Owelty Form

Mitchell 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
Mitchell County Deed of Trust to Secure Owelty Guide

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

Mitchell 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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Mitchell County Clerk's Office

Address:
349 Oak St #103
Colorado City, Texas 79512-6225

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm

Phone: (325) 728-3481

Recording Tips for Mitchell County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Avoid the last business day of the month when possible
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Mitchell County

Properties in any of these areas use Mitchell County forms:

  • Colorado City
  • Loraine
  • Westbrook

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Mitchell County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Mitchell 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 Mitchell 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Mitchell County?

Recording fees in Mitchell County vary. Contact the recorder's office at (325) 728-3481 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 Mitchell County to use these forms. Documents should be recorded at the county recording office listed above.

This Deed of Trust to Secure Owelty meets all recording requirements specific to Mitchell County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Mitchell 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 Mitchell 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 - ( 4,785 Reviews )

Melody P. 5 out of 5 stars

Great service as always, thanks!

Reply from Staff

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

Jean K. 4 out of 5 stars

The website worked fine and I would have been happy to pay the extra money except the deed I needed was "not available". Ended up calling the courthouse anyway.

Reply from Staff

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

Lawrence D. 5 out of 5 stars

My first time using it; very fast service. I am an estate planning attorney (44 years). None of my old title company contacts are around anymore to provide deed copies, so this is a great source. I will be using it again.

Reply from Staff

Thank you Lawrence, we appreciate your feedback. Have a fantastic day!

Matthew T. 5 out of 5 stars

I am a litigator based in Lee County that rarely needs to record deeds or mortgages. However, at times, the settlement or resolution of a dispute results in the conveyance of real property. I ended up in a situation where a deed to real property in Bradford County needed to be recorded on behalf of a client. My usual e-recording vendor does not include that County. Registering with Bradford County's regular e-recording vendor would have required an expensive and unnecessary annual fee. Deeds.com was easy to use, inexpensive and fast. I highly encourage its use, especially for lawyers that occasionally need to record instruments but do not do so regularly.

Reply from Staff

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

OLGA B. 5 out of 5 stars

I just purchased the documents. I appreciate that they are accurate to the county and state I live in and all the forms to make it complete. Thank you so much for your assistance in a very chaotic situation.

Reply from Staff

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

Kathryn C. 5 out of 5 stars

The process to get my needed documents worked easily. I was pleased how quickly I was able to access the documents.

Reply from Staff

Your positive feedback is a testament to our efforts, and it truly made our day. We are committed to keeping up this level of service and making your future interactions with us equally, if not more, pleasing.

Thank you once again for taking the time to share your positive experience. We look forward to serving you again soon!

Maria-Luisa: M. 5 out of 5 stars

So far so good!

Reply from Staff

Thank you!

BILL G. 5 out of 5 stars

Slick

Reply from Staff

Thank you!

Richard G. 5 out of 5 stars

Easy to use. I was able to find out what I needed quickly and was able to download the information necessary.

Reply from Staff

Thank you!

Marsha C. 5 out of 5 stars

Awesome so far! What a great service!

Reply from Staff

Thank you Marsha, we really appreciate your feedback.

GINA G. 5 out of 5 stars

Excelente service!

Reply from Staff

Thank you!

Jennifer L L. 5 out of 5 stars

So far this has been a great experience. Very easy to use the deeds.com website and download the forms. Very nice that they give example forms and guides to help you fill out the forms. I just have to wait to make sure that the forms are accepted and recorded with no issues.

Reply from Staff

Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.

ROSA C. 5 out of 5 stars

Very happy with the service. Easy to use.

Reply from Staff

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

Robert G. 5 out of 5 stars

Excellent. I needed a NOC recorded immediately and you guys made it happen when all other avenues looked like they were not going to be possible. Thank you very much.

Reply from Staff

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

Debbie C. 5 out of 5 stars

Wonderful forms and service.

Reply from Staff

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