Erath County Owelty of Partition Agreement Form
Last validated July 18, 2026 by our Forms Development Team
Erath 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.

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

Erath County Completed Example of the Owelty of Partition Agreement Document
Example of a properly completed Texas Owelty of Partition Agreement document for reference.
All 3 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional Texas and Erath County documents included at no extra charge:
Where to Record Your Documents
Erath County Clerk
Stephenville, Texas 76401-4255
Hours: Monday-Friday 8:00am-4:00pm
Phone: (254) 965-1482
Recording Tips for Erath County:
- White-out or correction fluid may cause rejection
- Request a receipt showing your recording numbers
- Leave recording info boxes blank - the office fills these
Cities and Jurisdictions in Erath County
Properties in any of these areas use Erath County forms:
- Bluff Dale
- Dublin
- Lingleville
- Morgan Mill
- Stephenville
Hours, fees, requirements, and more for Erath County
How do I get my forms?
Forms are available for immediate download after payment. The Erath 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 Erath County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Erath 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 Erath 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 Erath County?
Recording fees in Erath County vary. Contact the recorder's office at (254) 965-1482 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 Erath County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Agreement meets all recording requirements specific to Erath County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Erath 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 Erath 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 - ( 4763 Reviews )
Kevin L.
May 31st, 2019
All the paperwork I need......Great service
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Gary S.
November 4th, 2022
Thank you! Quick, timely and excellent quality document!
Thank you for your feedback. We really appreciate it. Have a great day!
Ron E.
September 25th, 2019
Flawless. I ordered the forms needed, along with completed samples. I filled them out, and I was on my way to the recorders office. I would use deeds.com without hesitation.
Thank you for your feedback. We really appreciate it. Have a great day!
JAMES S.
November 6th, 2022
Saved me 1-2 hours' time dictating. Will use again.
Thank you!
FRANCIS P.
July 17th, 2022
Finding what I needed was easy. The payment process was easy. Using what I found was easy. Easy-peasy and GREAT results. Professional and succinct all for the price of a steak dinner. I'll be back to DEEDS.COM when I need any paperwork/forms related to deeds.
Thank you for your feedback. We really appreciate it. Have a great day!
Ralph O.
September 16th, 2024
The experience has been excellent. The site gave me exactly what I was looking for. The documentation we easy to understand.
We are grateful for your feedback and looking forward to serving you again. Thank you!
Judy H.
October 20th, 2023
great response to my question.
We are delighted to have been of service. Thank you for the positive review!
Douglas D.
March 18th, 2021
WOW! What a great service! Incredibly fast (just under 3 hours from creating the package to getting a receipt from the county recorder!) Will definitely use this service again!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert C.
February 10th, 2022
Wow! Wish I had found DEEDS.com a few hours earlier. Quickly was able to pay a reasonable fee for some documents/templates along with an explanation. Very pleased
Thank you for your feedback. We really appreciate it. Have a great day!
ALFRED B.
September 2nd, 2020
I was counting on deeds.com to help me with a closing I was working on. I stumbled with the instructions but when I recovered there were no problems. The instructions were helpful and the deeds etc. were just what I needed. I give deeds five stars. I am 76 years old and when the application asks for the user's name I always think they want my name. WRONG. I am trying to learn computer speak.
Thank you Alfred, have an amazing day!
Lynda D S.
November 2nd, 2022
Sorry, I did not see that I was in the wrong review and just sent a review of a "product" I ordered online. As for Deeds.com I was very happy with the process and speed of getting the forms. I have used this site before. Highly recommend.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Lawrence N.
August 31st, 2020
Very easy and convenient to use. Low cost and saves a trip to the courthouse and/or having to do mailing(s)
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
James B.
March 10th, 2021
Was a lot easier than driving to the County Building and faster than expected. Thank you!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
PAUL B.
August 18th, 2023
Very fast and efficient reply
Thank you!
Robert D L.
July 31st, 2023
Found the forms to be very easy to use, instructions very clear and helpful. Recording office was surprised the forms were exactly what they required. Thank you
We appreciate your business and value your feedback. Thank you. Have a wonderful day!