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.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

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

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

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

Get your Washington 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 - ( 4,785 Reviews )

Kathy C. 5 out of 5 stars

It's worth the cost to download the fill in the blank forms. So quick and easy. The lady I spoke to on the phone was super nice and very helpful. She deserves a medal for being so patient with me.

Reply from Staff

Thank you!

Peggy L. 5 out of 5 stars

Exactly what I needed and so nice to not have to pay a lawyer

Reply from Staff

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

Catherine E. 5 out of 5 stars

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!

Giustino C. 5 out of 5 stars

I am pleased with this electronic service in making a time sensitive deed transfer since very few options exist currently with the Covid 19 Crisis. This was the only rapid and available option to record the deed transfer and the fee was reasonable. I was able to upload my notarized and executed document and had a record number as well as the official document within 24 hours. It was simple and easy to use. Thank you deeds.com!!

Reply from Staff

Thank you Giustino, glad we could help.

Sherry A L. 5 out of 5 stars

fAST AND REASONABLE.. WOULD DO IT AGAIN IF I NEED TO. THANK YOU

Reply from Staff

Thank you!

Ardith T. 5 out of 5 stars

Very clear and complete. Good value.

Reply from Staff

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

Joseph S. 5 out of 5 stars

The best solution in creating deeds.

Reply from Staff

Thank you!

George S. 4 out of 5 stars

Very good, very expensive. I hope that this is what my lawyer needed for us to finish our wills. George

Reply from Staff

Thank you!

Rajesh S. 5 out of 5 stars

It was a wonderful and less time-consuming experience. Got my job done in a timely manner.

Reply from Staff

Thank you, Rajesh. We appreciate you taking the time to share your experience. Glad everything came together quickly and got the job done.

Scott H. 5 out of 5 stars

Good experience, good service too - thanks.

Reply from Staff

Your feedback is appreciated. Thank you for letting us know how we did.

Christine B. B. 4 out of 5 stars

The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com , There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.

Reply from Staff

Thank you for your feedback. Sorry to hear that you had trouble with the date field, we will have it reviewed.

EUGENE S. 5 out of 5 stars

SIMPLE EASY TO UNDERSTAND PROCESS

Reply from Staff

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

Sylvia S. 5 out of 5 stars

Thank you for making my life easier!!

Reply from Staff

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

Cynthia E. 5 out of 5 stars

good source

Reply from Staff

Thank you!

JJ G. 5 out of 5 stars

Was very easy and helpful. No going down to the courthouse

Reply from Staff

Thank you!