San Jacinto County Owelty of Partition Agreement Form

Last validated July 18, 2026 by our Forms Development Team

San Jacinto County Owelty of Partition Agreement Form

San Jacinto 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 7/18/2026
San Jacinto County Owelty of Partition Agreement Guide

San Jacinto 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
San Jacinto County Completed Example of the Owelty of Partition Agreement Document

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

Where to Record Your Documents

San Jacinto County Clerk

Address:
1 State Hwy 150, Rm 2
Coldspring, Texas 77331

Hours: Mon - Thu 8:00am - 5:00pm, Fri 8:00am - 4:00pm

Phone: (936) 653-2324

Recording Tips for San Jacinto County:
  • Double-check legal descriptions match your existing deed
  • Recorded documents become public record - avoid including SSNs
  • Bring extra funds - fees can vary by document type and page count
  • Recording fees may differ from what's posted online - verify current rates

Cities and Jurisdictions in San Jacinto County

Properties in any of these areas use San Jacinto County forms:

  • Coldspring
  • Oakhurst
  • Pointblank
  • Shepherd

View Complete Recorder Office Guide

Hours, fees, requirements, and more for San Jacinto County

How do I get my forms?

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

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

Recording fees in San Jacinto County vary. Contact the recorder's office at (936) 653-2324 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 San Jacinto County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable San Jacinto 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 San Jacinto 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 )

JOE M.

August 31st, 2024

The form I needed were easy to find. And very affordable. Great service.

Reply from Staff

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

Isaac T.

November 14th, 2022

Had no problem getting my forms. It was quick,easy, and reasonable priced. Will use again if needed

Reply from Staff

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

Gloria J.

July 23rd, 2021

I needed a Missouri Notice of Intent to Sell without a named designated buyer. Mo Statutes require notice be notarized and filed 45 days before any closing to protect buyer from liens. You do not have that document. We are flipping a house so it must be filed. Our lawyer was on vacation. Cannot find one anywhere on net. Finally got a template from our title company.

Reply from Staff

Thank you for your feedback Gloria.

Munir S.

August 2nd, 2024

Good service. Easy to use, responsive, fast, and fairly priced. First time user, will continue to use it for future needs. Recommend.

Reply from Staff

Thank you for your positive words! We’re thrilled to hear about your experience.

Martin P.

April 6th, 2019

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!

jerry k.

May 27th, 2021

very easy to download, works great

Reply from Staff

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

RICKY N.

July 10th, 2020

Fast Speedy great communication worry-free

Reply from Staff

Thank you!

YAZMIN M.

March 7th, 2019

excellent

Reply from Staff

Thank you!

Georgette S.

March 12th, 2020

Very easy form to us. Instructions very good.

Reply from Staff

Thank you!

Ardys A.

January 13th, 2019

Very pleased with all the info I received and not just a blank form.

Reply from Staff

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

Isabel M.

December 20th, 2018

Easy and quick...I highly recommend this site:)

Reply from Staff

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

Eddie S.

May 19th, 2022

love the site very helpful and easy.

Reply from Staff

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

Catherine E.

January 7th, 2021

I was referred to your company, but when i tried to process the recording of a deed to a property in City of Philadelphia my service was rejected. I appreciated the feedback i received from one of your representatives who instructed me in the right process for recording a deed in philadelphia. Thank you for all your help. The deed that needed to be recorded was overnighted yesterday. Stay safe and mask up

Reply from Staff

Thank you!

Judy W.

May 12th, 2021

It would be helpful if the numbers on the instruction sheet were on the form. I was confused on page two if the signatures were for witnesses or buyer (grantee). I do like the form and will use it in the future. Also page one Grantee's signature only has one line and if there are two buyers need another line.

Reply from Staff

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

Nancy E.

April 25th, 2023

Easy to complete. I would suggest, since it is 2 pages, make a bigger space for land descriptions & sources.

Reply from Staff

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