Washington County Owelty of Partition Agreement Form

Last validated July 18, 2026 by our Forms Development Team

Formatted for recording in Washington County, for property anywhere in the county: rural and unincorporated areas as well as Brenham, Burton, Chappell Hill, Washington.

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Washington County Owelty of Partition Agreement Form

Washington 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
Washington County Owelty of Partition Agreement Guide

Washington 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
Washington County Completed Example of the Owelty of Partition Agreement Document

Washington 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

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Important: Your property must be located in Washington County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Washington County Clerk - Courthouse

Address:
Courthouse - 100 E Main St, Suite 102
Brenham, Texas 77833

Hours: Monday - Friday 8:00am - 5:00pm

Phone: (979) 277-6200

Recording Tips for Washington County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Verify all names are spelled correctly before recording
  • White-out or correction fluid may cause rejection
  • Ask about their eRecording option for future transactions

Cities and Jurisdictions in Washington County

Properties in any of these areas use Washington County forms:

  • Brenham
  • Burton
  • Chappell Hill
  • Washington

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Washington County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Washington 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 Washington 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. The free Adobe Acrobat Reader is recommended, and most PDF apps also work. 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 Washington County?

Recording fees in Washington County vary. Contact the recorder's office at (979) 277-6200 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 Washington County to use these forms. Documents should be recorded at the county recording office listed above.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Washington 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

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