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

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

Gonzales 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 Gonzales County documents included at no extra charge:
Where to Record Your Documents
Clerk Office - Randle Rather Building Annex
Gonzales, Texas 78629
Hours: Monday-Friday 8:00am-4:30pm
Phone: (830) 672-2801
Recording Tips for Gonzales County:
- Check that your notary's commission hasn't expired
- Verify all names are spelled correctly before recording
- Recorded documents become public record - avoid including SSNs
- Multi-page documents may require additional fees per page
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
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. 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 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 office below.
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 - ( 4763 Reviews )
Mack H.
July 16th, 2020
I got what I was looking for! Turned out well and like I thought it would.
Thank you!
Philip S.
May 2nd, 2019
You're service saved the day! I had gone to several lawyers and title companies who all said, at a Minimum, preparing a deed costs $1000... Through your service and some work reading about the requirements as well as calling my county clerks office, I was able to complete the deed and it read accepted and recorded today! Thanks so much.
Thank you for your feedback. We really appreciate it. Have a great day!
Shawn B.
December 26th, 2020
Very convenient and easy to use. The quick response time was very much appreciated!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
DENNIS M.
January 18th, 2023
very simple and complete
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Nancy O.
August 6th, 2023
Have not actually filed as yet but package seems to answer all my questions and believe this will be a walk in the park instead a a headache or expensive endeavor. Thanks.
Thank you for your feedback. We really appreciate it. Have a great day!
Cyrus A.
July 18th, 2024
Easy site to work with.
We are grateful for your feedback and looking forward to serving you again. Thank you!
Dorothy O.
September 20th, 2024
This would be a great form but I couldn’t tell what size the font was. Also, I didn’t know how to save it so I will have to type it all over again. I’m sure I did it incorrectly.
Your feedback is a crucial part of our dedication to ongoing improvement. Thank you for your insightful comments.
Marjorie D.
November 1st, 2021
The process was easy and efficient. I will definitely be using this service!
Thank you for your feedback. We really appreciate it. Have a great day!
Isabel M.
December 20th, 2018
Easy and quick...I highly recommend this site:)
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Linda M.
February 25th, 2022
Quick easy
Thank you!
Joe W.
January 22nd, 2020
Effortless transaction and very thorough paperwork and explanations.
Thank you!
Eric S.
August 11th, 2020
Very easy and efficient to use. Thank you!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
BRIAN B.
August 17th, 2020
This site makes filing documents so easy and effortless. The response time is phenomenally fast, which saves time and frustration. Thank you!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Diana C.
May 7th, 2019
Great service!!! I was feeling overwhelmed but then I found deeds! I spent about 10 mins ordering, then went to bed and by morning my deed was there!! Very efficient! Thanks so much! So worth the little bit of dollars!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Michael K.
January 11th, 2021
The link for the note guidelines just shows the same directions as for the mortgage. Other than that, very helpful.
Thank you for your feedback. We really appreciate it. Have a great day!