Briscoe County Owelty of Partition Agreement Form

Last validated November 11, 2026 by our Forms Development Team

Formatted for recording in Briscoe County, for property anywhere in the county: rural and unincorporated areas as well as Quitaque, Silverton.

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

Briscoe County Owelty of Partition Agreement Form

Briscoe County Owelty of Partition Agreement Form

Fill in the blank Owelty of Partition Agreement form formatted to comply with all Texas recording and content requirements.

Document last validated 11/9/2026
Briscoe County Owelty of Partition Agreement Guide

Briscoe County Owelty of Partition Agreement Guide

Line by line guide explaining every blank on the Owelty of Partition Agreement form.

Document last validated 7/18/2026
Briscoe County Completed Example of the Owelty of Partition Agreement Document

Briscoe County Completed Example of the Owelty of Partition Agreement Document

Example of a properly completed Texas Owelty of Partition Agreement document for reference.

Document last validated 11/11/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

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

Where to Record Your Documents

District & County Clerk

Address:
415 Main St / PO Box 555
Silverton, Texas 79257

Hours: Monday - Friday 8:00 am - 5:00 pm

Phone: (806) 823-2135

Recording Tips for Briscoe County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Check that your notary's commission hasn't expired
  • Documents must be on 8.5 x 11 inch white paper
  • Double-check legal descriptions match your existing deed

Cities and Jurisdictions in Briscoe County

Properties in any of these areas use Briscoe County forms:

  • Quitaque
  • Silverton

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Briscoe County

How do I get my forms?

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

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

Recording fees in Briscoe County vary. Contact the recorder's office at (806) 823-2135 for current fees.

Questions answered? Let's get started!

Texas homestead law keeps nearly every voluntary lien off a home. Article XVI, Section 50 of the Texas Constitution lists the only debts a homestead can secure, and Section 50(c) makes any other lien on the homestead invalid. An owelty of partition sits on that short constitutional list. When two co-owners of Texas real property end their co-ownership by setting the entire property aside to one of them, the equalizing payment owed to the other, called the owelty, can be secured by a lien imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition. The Texas Owelty of Partition Agreement is that written agreement.

A lien the homestead admits

The Texas Supreme Court described the doctrine in Sayers v. Pyland (1942): when property is divided into shares of unequal value, the difference is owelty, secured by a lien on the more valuable share in favor of the party receiving the less valuable one, and the owelty is in the nature of purchase money, the same footing as a vendor's lien. The court added that what a court can fix in a partition suit, co-owners can fix for themselves in a voluntary partition by agreement. A 1995 constitutional amendment wrote the rule into Article XVI, Section 50(a)(3), and Property Code Section 41.001(b)(4) repeats it in the statutes: an owelty of partition imposed against the entirety of the property is among the encumbrances that may properly attach to homestead property.

One instrument, three moving parts

The form works in a single recorded instrument. The entirety of the property is set aside and awarded to one co-owner, the Acquiring Owner. The other co-owner, the Relinquishing Owner, conveys the undivided interest with words of grant and without warranty. And the parties impose an owelty of partition in a stated amount against the entirety, expressly reserving a lien in favor of the Relinquishing Owner until the owelty is paid. Because the lien reaches the whole property rather than a half interest, and because it carries purchase-money character, it fits the way title companies and refinance lenders handle a buyout: a lender advancing funds to pay the owelty at closing can take the note and lien by transfer, and the recorded agreement is what the title examiner finds in the chain of title.

Decrees, sibling buyouts, and the two constitutional routes

The constitution recognizes two routes to an owelty lien: a court order, which includes a divorce decree dividing or awarding the family homestead, and a written agreement of the parties to the partition. This form documents the agreement route between two co-owners of record: siblings who inherited a house together, partners who bought together, or former spouses who hold as tenants in common after a divorce. The form carries a joining-spouse signature block for homestead joinder under Family Code Section 5.001, a separate notary certificate for each signer, and the confidentiality notice required by Property Code Section 11.008 at the top of the first page, ready for the county clerk of the county where the property is located.

The download includes the agreement as a fillable PDF, a completed example documenting a Bexar County buyout, and a plain-language guide that walks through every numbered section, the signing formalities, and the recording steps. The materials describe Texas law in general terms and are not legal advice.

Important: Your property must be located in Briscoe County to use these forms. Documents should be recorded at the county recording office listed above.

This Owelty of Partition Agreement meets all recording requirements specific to Briscoe County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Briscoe 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 Briscoe County Owelty of Partition Agreement 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 - ( 4,851 Reviews )

Casey S. 5 out of 5 stars

I had a really good experience. I bought two forms from a different website and they didn’t help me at all. Granted, I only paid the minimum here I bought the upgrade and they showed me how to fill it out and what it should look like I went and had it notarized and took it to the county recorder and everything went smoothly. Highly suggest.

Reply from Staff

Glad it all came together smoothly for you, Casey. Appreciate you giving us a shot and taking the time to share your experience.

April M. 5 out of 5 stars

It was a very easy and quick site to use. Not to big of a fan price wise. But it gave me what I needed in a hurry. So all and all I'd definitely use this site again. Thank you!

Reply from Staff

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

lamar J. 5 out of 5 stars

Easy to understand and work with Very pleased with the information I Received

Reply from Staff

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

Roy K. 5 out of 5 stars

Just what we were looking for. Very easy to fill out. Thanks

Reply from Staff

Thank you Roy. We appreciate your feedback.

Rhobe M. 5 out of 5 stars

Very user friendly site. I was able to get the information I needed fast.

Reply from Staff

Thank you!

Paul V. 5 out of 5 stars

Easy to use , so far

Reply from Staff

Thank you!

Deborah D. 5 out of 5 stars

Very easy to use, got everything I needed. Reasonable price.

Reply from Staff

Thank you!

Joe B. 5 out of 5 stars

Fantastic service -- very clear

Reply from Staff

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

Barry N. 5 out of 5 stars

The form was straight forward and very easy to complete. It took me less than 15 minutes to complete. Make sure you have the "current deed' available' when completing the form.

Reply from Staff

Thank you for your feedback Barry. Have a fantastic day!

jon m. 5 out of 5 stars

Great last minute forms saved me a critical time when I had no access to my own resources. Five Star Customer service.

Reply from Staff

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

Todd W. 2 out of 5 stars

Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said "Image is light please darken", but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.

Reply from Staff

Thank you for your feedback Todd.

Timothy P. 5 out of 5 stars

Straightforward, easy to navigate, saves time and gas = a real value for the price!

Reply from Staff

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

TOM S. 5 out of 5 stars

Itwas easy to locate the necessary forms I needed and download worked great.

Reply from Staff

Thank you!

Martin P. 4 out of 5 stars

The DEEDs website is very easy to navigate and find the required documents. I have not yet had an opportunity to review the documents I purchased and downloaded. That is the reason I have assigned a rating of four stars. I fully hope that can raise my rating to five stars after I've used those documents.

Reply from Staff

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

James J. 5 out of 5 stars

Thank you for service. The deed process was easy to complete. My new deed was accepted by the county clerk and the tax assessors office.

Reply from Staff

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