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

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

Sutton 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 Sutton County documents included at no extra charge:
Where to Record Your Documents
Clerk's Office - Sutton County Annex
Sonora, Texas 76950
Hours: 8:30 to 4:30 M-F
Phone: (325) 387-3815
Recording Tips for Sutton County:
- Bring your driver's license or state-issued photo ID
- Verify all names are spelled correctly before recording
- Double-check legal descriptions match your existing deed
- Check that your notary's commission hasn't expired
Cities and Jurisdictions in Sutton County
Properties in any of these areas use Sutton County forms:
- Sonora
Hours, fees, requirements, and more for Sutton County
How do I get my forms?
Forms are available for immediate download after payment. The Sutton 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 Sutton County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Sutton 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 Sutton 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 Sutton County?
Recording fees in Sutton County vary. Contact the recorder's office at (325) 387-3815 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 Sutton County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Agreement meets all recording requirements specific to Sutton County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Sutton 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 Sutton 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 )
Ralph H.
May 13th, 2019
It had all the info I was looking for!
Thank you Ralph, we appreciate your feedback.
Mary H.
January 31st, 2019
Your site was very informative and I was able to instantly and easily download the documents that I needed. I could not be happier with your service. Thank You Mary Harju
Thank you Mary, we really appreciate your feedback.
Shirley W.
August 26th, 2021
I found the form easy to file out. But everything else was confusing with very little direction and help.
Thank you!
Robert M.
October 4th, 2020
Quick and friendly answers. So Easy!
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
Thank you for your feedback. We really appreciate it. Have a great day!
SUSAN R.
March 15th, 2021
So easy to download and print. Also the examples are very helpful.
Thank you for your feedback. We really appreciate it. Have a great day!
Angela W.
March 12th, 2022
Very helpful and very quick to respond. Thank you!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
James L.
February 15th, 2022
The process to obtain online forms was simple and straight forward and uncomplicated.
Thank you for your feedback. We really appreciate it. Have a great day!
Teresa H.
March 14th, 2019
I loved that there was a sample with the downloads. It made it much easier to fill out the document correctly.
Thank you Teresa, have a great day!
Clifford B.
May 6th, 2021
I appreciate the formatting to match the expectations of the specific Registry of Deeds that I will be filing with. That is very helpful. In my case the easement is for septic disposal field and sample wording for different purposes would be helpful.
Thank you!
Richard L.
February 13th, 2021
Thanks for the complete and reasonably priced set of docs. I was specifically looking for and glad to find a current version of a TOD deed following the California extension.
Thank you for your feedback. We really appreciate it. Have a great day!
Dan M.
November 8th, 2024
Quick ... Easy ... Great Instructions ... Easy Peasy ...
We are grateful for your feedback and looking forward to serving you again. Thank you!
Tim T.
June 8th, 2023
Very easy to find forms and good examples for filling out forms!
Thank you for your feedback. We really appreciate it. Have a great day!
Ann C.
October 18th, 2023
Very responsive and helpful. Made a big task quite easy and effecient. I would highly recommend. Reasonable fees as well
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
EUGENE S.
December 11th, 2021
SIMPLE EASY TO UNDERSTAND PROCESS
We appreciate your business and value your feedback. Thank you. Have a wonderful day!