Gonzales County Owelty of Partition Agreement Form

Last validated September 22, 2026 by our Forms Development Team

Formatted for recording in Gonzales County, for property anywhere in the county: rural and unincorporated areas as well as Belmont, Cost, Gonzales, Harwood, Leesville, Nixon, Ottine, Smiley and 2 more.

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

Gonzales County Owelty of Partition Agreement Form

Gonzales 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 9/22/2026
Gonzales County Owelty of Partition Agreement Guide

Gonzales 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
Gonzales County Completed Example of the Owelty of Partition Agreement Document

Gonzales 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 7/18/2026

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Clerk Office - Randle Rather Building Annex

Address:
427 Saint George Street, STE 200
Gonzales, Texas 78629

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

Phone: (830) 672-2801

Recording Tips for Gonzales County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask about their eRecording option for future transactions
  • Avoid the last business day of the month when possible
  • Both spouses typically need to sign if property is jointly owned

Cities and Jurisdictions in Gonzales County

Properties in any of these areas use Gonzales County forms:

  • Belmont
  • Cost
  • Gonzales
  • Harwood
  • Leesville
  • Nixon
  • Ottine
  • Smiley
  • Waelder
  • Wrightsboro

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Gonzales County

How do I get my forms?

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

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

Recording fees in Gonzales County vary. Contact the recorder's office at (830) 672-2801 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 Gonzales 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 Gonzales County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Gonzales 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 Gonzales 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 - ( 4,802 Reviews )

RONNIE C. 5 out of 5 stars

Excellent service and the time the documents send back to me was also excellent

Reply from Staff

Thank you!

Linda G. 5 out of 5 stars

I like it so far- now I just need to complete my filing in the County seat!

Reply from Staff

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

Sarah K. 1 out of 5 stars

I was annoyed when I realized I couldn't put the document into Word or WordPerfect. I had to retype the entire document. What a waste of time and money.

Reply from Staff

Sorry to hear of your annoyance. We have canceled your order and payment. We do hope that you find something more suitable to your needs elsewhere. Have a wonderful day.

Jodi W. 1 out of 5 stars

Absolutely horrible service and experience. Would not recommend to anyone. If there was an option to select a zero star rating I would have. I am sure this review will not be posted.

Reply from Staff

Thank you for your feedback Jodi.

Todd J. 5 out of 5 stars

Super Easy!

Reply from Staff

Thank you!

Cindy J. 5 out of 5 stars

I'm stuck in Florida due to family business and needed to file documents in Virginia for other family business. Deeds.com made it easy and efficient and cost effective. I'm so grateful for this service!

Reply from Staff

Thank you!

HEATHER M. 5 out of 5 stars

The guide I needed was very easy to understand and the template was easy to complete. I had a property attorney review the deed before I had it registered and she was impressed. She said she couldn't have written it better herself! Definitely worth the money instead of paying high dollar attorney fees for a simple task.

Reply from Staff

Your feedback is greatly appreciated. Thank you for taking the time to share your experience!

David B. 5 out of 5 stars

The requested forms were easy to access. Thank you.

Reply from Staff

Thank you!

RICKY N. 5 out of 5 stars

Fast Speedy great communication worry-free

Reply from Staff

Thank you!

star v. 5 out of 5 stars

i have used you guys once and i am happy with the service i will be using you guys again

Reply from Staff

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

DOUGLAS H. 5 out of 5 stars

Just as promised My quitclaim deed went through the county recorders office with no problem.

Reply from Staff

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

Judith H. 5 out of 5 stars

This site was so easy. Got my documents in minutes. downloaded and they work perfectly and accurately. I LOVE THIS SITE AND COMPANY!!!

Reply from Staff

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

Gladys B. 5 out of 5 stars

Good and fast service. Thank you.

Reply from Staff

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

Michael W. 5 out of 5 stars

Wonderful service.

Reply from Staff

Thank you!

Renee K. 5 out of 5 stars

So very easy to upload documents to the site and communication is very quick. It made our transactions so effortless.

Reply from Staff

Thank you!