Wise County Deed of Trust to Secure Owelty Form

Last validated July 18, 2026 by our Forms Development Team

Wise County Deed of Trust to Secure Owelty Form

Wise 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
Wise County Deed of Trust to Secure Owelty Guide

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

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

Where to Record Your Documents

Wise County Clerk

Address:
200 North Trinity St / PO Box 359
Decatur, Texas 76234

Hours: Monday - Friday 8:00am - 4:30pm

Phone: (940) 627-3351

Recording Tips for Wise County:
  • Check that your notary's commission hasn't expired
  • Request a receipt showing your recording numbers
  • Ask about their eRecording option for future transactions
  • Avoid the last business day of the month when possible
  • Multi-page documents may require additional fees per page

Cities and Jurisdictions in Wise County

Properties in any of these areas use Wise County forms:

  • Alvord
  • Boyd
  • Bridgeport
  • Chico
  • Decatur
  • Greenwood
  • Newark
  • Paradise
  • Rhome
  • Slidell

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Wise County

How do I get my forms?

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

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

Recording fees in Wise County vary. Contact the recorder's office at (940) 627-3351 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 Wise 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 Wise County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Wise 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 Wise 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 - ( 4763 Reviews )

Robert S B.

May 22nd, 2019

I would not have ordered this form had I realised how limited the fields are for details. There is no room for elaboration of terms. The language only allows one grantor and one grantee, and the gender and quantity default construction is a poor choice. Be basic, but leave room for more.

Reply from Staff

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

Omar F.

February 1st, 2021

Great! Thank you!

Reply from Staff

Thank you!

Eleanor E.

September 20th, 2019

Not knowing I could down load these forms, I first went to the local recording office thinking I could get info on the forms I needed. I was told that obviously you dont know what you are doing so find someone who does. This snippy clerk obviously didnt know the forms were accessible on line; either that or she was needing to feel her phony superiority.

Reply from Staff

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

Nanette G.

March 4th, 2020

The Website was easy to use. I live in Houston Texas and mother recently passed away in California and I need affidavit of joint tenant forms. I was provided all the forms necessary to complete the documents. I had been a legal secretary in California about 20 years ago and just need the current forms and received them all very quickly.

Reply from Staff

Thank you!

Raymond L.

January 17th, 2026

Delivered as promised. Highly recommend!

Reply from Staff

Great to hear — thank you for taking the time to write a review.

shaun s.

July 26th, 2019

Pretty quick and accurate, thank you

Reply from Staff

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

RICHARD MANUEL F.

January 26th, 2023

I never could even think to solve an important issue involving even overseas individuals without even a lawyer within 24 h. This service works for real and I'll keep using it from now for any future needs, referring to and proposing it as a legitimate, trusted real Optimus service. I'm extremely satisfied and being a Public Official myself I got to say that these guys have really impressed me!

Reply from Staff

Thank you!

Alicia S.

August 17th, 2021

It's been a difficult time during my divorce. Glad I was able to get the house related documents easily here.

Reply from Staff

Thank you!

Elaine D.

January 15th, 2021

Easement deed contract was easy to complete, however after additional research raises some concerns because the Ohio deed does not list a requirement for witness signatures and does not provide lines or an area for witness signatures. The document does provide the necessary area for the notary information and the grantor and grantee.

Reply from Staff

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

Denise G.

May 7th, 2020

It would be helpful if an email was sent to notify you of any additional invoices needed, documents were accepted and/or recorded. It is not always convenient to check your website on a daily basis to determine the status of the requesting recordings.

Reply from Staff

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

Anne W.

April 8th, 2021

3 stars for ease of use on the website. Subracted 2 stars for the forms being PDFs that you are unable to complete online, they have to be printed. Very inefficient.

Reply from Staff

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

Rodrigo M.

September 10th, 2022

Excellent service

Reply from Staff

Thank you!

Carol S.

February 18th, 2022

Unfortunately for me this website was of no help, due to the amount of paperwork that needed to be submitted. One thing I can say they responded with answer really quickly. If this is a website that only deals with quick and fast deed issues, then it should indicate what they can and cannot do.

Reply from Staff

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

Diane C.

December 5th, 2019

Hey, great job! Love these forms. They make the process really easy.

Reply from Staff

Great to hear Diane, have a fantastic day!

Kimberly B.

July 22nd, 2025

Great service, quick and easy!

Reply from Staff

We are grateful for your feedback and looking forward to serving you again. Thank you!