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

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

Waller 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 Waller County documents included at no extra charge:
Where to Record Your Documents
Waller County Clerk
Hempstead, Texas 77445
Hours: Monday - Friday 8:00am - 5:00pm
Phone: (979) 826-7711
Recording Tips for Waller County:
- Ensure all signatures are in blue or black ink
- Double-check legal descriptions match your existing deed
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Waller County
Properties in any of these areas use Waller County forms:
- Brookshire
- Hempstead
- Pattison
- Prairie View
Hours, fees, requirements, and more for Waller County
How do I get my forms?
Forms are available for immediate download after payment. The Waller 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 Waller County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Waller 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 Waller 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 Waller County?
Recording fees in Waller County vary. Contact the recorder's office at (979) 826-7711 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 Waller County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Agreement meets all recording requirements specific to Waller County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Waller 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 Waller 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 - ( 4783 Reviews )
Steve B.
December 31st, 2021
Awesome. Last time I needed to f Ile a document it cost $300.00 gor a lawyer. This time $53.00.
Thank you!
Ardys A.
January 13th, 2019
Very pleased with all the info I received and not just a blank form.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Jami B.
November 6th, 2019
I was blown away by all the information I received for just $19.00!! I am still reading through it. Great job of explaining everything.
Thank you!
Calvin S.
January 12th, 2026
Service is convenient,easy, fast and helpful.
Thanks for your feedback. We’re glad we could help.
Geraldine B.
December 7th, 2019
Top notch real estate forms. Easy to use, printed out nice, and the guide and example are priceless. You're not going to find anything better anywhere.
Thank you for the kind words Geraldine! Have an incredible day!
Michael S.
September 16th, 2024
Great product and service. So convenient.
Your satisfaction with our services is of utmost importance to us. Thank you for letting us know how we did!
Magdy G.
July 13th, 2020
Very fast and efficient service. Everything was done online. Did not need any help.
Thank you!
Djala C.
November 18th, 2019
my experience was excellent.
Thank you!
april m.
February 7th, 2019
Could not give me any deed history prior to 1986, when our company bought the property, so this was a bust.
Thank you for your feedback April. Have a great day.
John P.
August 11th, 2020
very good. received what i ordered in a timely fashion despite my incompetence.
Thank you for your feedback. We really appreciate it. Have a great day!
Kevin C.
August 10th, 2022
Nice site but $30 to download a blank form is a bit much.
Thank you for your feedback. We really appreciate it. Have a great day!
Sara M.
February 4th, 2025
This makes work so much easier now that I don't have to drive to each county to record. Thank you.
It was a pleasure serving you. Thank you for the positive feedback!
Jeannine W.
September 16th, 2020
prompt, efficient service.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Sheneda A.
November 23rd, 2022
Great!
Thank you!
John B.
December 20th, 2025
I purchased the Notice of Completion form because the City of Chula Vista did not have a "fillable" version of this form on their website. The Deeds.com version of this form is somewhat different than the City's version (8 numbered paragraphs vs. 11 numbered paragraphs.) However, it contains the same information in a different format. This form provided more blank space to fill in important items- like a long ownership name- than the version on the City's website. The recorder's office was satisfied with this form as I hand-delivered it to the Recorder's Office and they approved it for recording. Overall, I found this form easy to use and found the extra blank space for writing on the form helpful. My one comment for possible improvement is: it would be even more helpful (particularly for attorney users) to have strike-out capability. I would have liked having the ability to strike-out inapplicable portions of long awkward sentences. Still, I would use this form again.
Your feedback means a lot to us. Thank you.