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

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

Shelby 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 Shelby County documents included at no extra charge:
Where to Record Your Documents
Shelby County Clerk
Center, Texas 75935
Hours: 8:00 to 4:30 Monday through Friday
Phone: (936) 598-6361
Recording Tips for Shelby County:
- Documents must be on 8.5 x 11 inch white paper
- Recording fees may differ from what's posted online - verify current rates
- Check margin requirements - usually 1-2 inches at top
- Make copies of your documents before recording - keep originals safe
- Ask about accepted payment methods when you call ahead
Cities and Jurisdictions in Shelby County
Properties in any of these areas use Shelby County forms:
- Center
- Joaquin
- Shelbyville
- Tenaha
- Timpson
Hours, fees, requirements, and more for Shelby County
How do I get my forms?
Forms are available for immediate download after payment. The Shelby 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 Shelby County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Shelby 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 Shelby 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 Shelby County?
Recording fees in Shelby County vary. Contact the recorder's office at (936) 598-6361 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 Shelby County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Agreement meets all recording requirements specific to Shelby County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Shelby 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 Shelby 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 )
Deb F.
July 16th, 2022
The county clerk accepted your mineral deed. It was a blessing finding your deed and instructions for filling it out online. Thank you
Thank you for your feedback. We really appreciate it. Have a great day!
Joseph R.
October 16th, 2024
Wonderful service! Things changed for me on my side and the company saw this and closed my account with ease.
Thank you!
Djala C.
November 18th, 2019
my experience was excellent.
Thank you!
Thomas N.
May 9th, 2019
TODD Form would not print surveyor degrees character (superscript "o") in Exhibit A. It also would not print the "Return Address" or "Prepared By" entries with my middle name as your example showed.
Thank you for your feedback. We really appreciate it. Have a great day!
Diana A.
February 5th, 2019
My service today was outstanding.your rep asked me several questions and was able to get me all the information I needed.
Thank you!
EVE A.
October 31st, 2022
Site was easy to navigate. I found the lien discharge form I was looking for immediately and the download and completion was simple. Thank you for having a great site.
Thank you for your feedback. We really appreciate it. Have a great day!
Pamela B.
June 18th, 2023
Very easy to use. Time will tell if I have any issues getting it recorded. Beats using an attorney who won't return calls and emails like I used before. I like the form plus instructions and an example of the completed form.
Thank you for your feedback. We really appreciate it. Have a great day!
Donald H.
April 17th, 2020
Easy to use and very quick turn around ... Very satisfied with ease of use and services provided ...
Thank you for your feedback. We really appreciate it. Have a great day!
George W.
April 2nd, 2020
The process was easy and the forms were a very complete package. FAST AND EASY DOWNLOAD
Thank you George.
Saul N.
June 13th, 2023
Great and fast service. Would have been grate to have seen a little more detail or a pre-filled sample in the fields. Had a little confussion in some of the lines to fill out since the guide only explains a few of the lines not all of them. Otherwise, is really great to have this service with low cost. Thank you.
Thank you for taking the time to provide us with your feedback Saul, we appreciate you.
Lesley B.
May 6th, 2022
It was so quick and easy to access.. Thank you!!
Thank you for your feedback. We really appreciate it. Have a great day!
Kathryn G.
December 21st, 2023
This was extremely helpful!
We are motivated by your feedback to continue delivering excellence. Thank you!
Bernard H.
February 1st, 2019
The site is clear and easy to submit requests. I will be using again when needed. No problems and a pleasure to deal with.
Thank you for your feedback. We really appreciate it. Have a great day!
spencer d.
February 9th, 2023
Great and quick service!
Thank you!
Betty B.
February 10th, 2022
Thank you . I appreciate your assistance Once again thanks
Thank you!