Comanche County Owelty of Partition Deed Form
Last validated July 18, 2026 by our Forms Development Team
Comanche County Owelty of Partition Deed Form
Fill in the blank Owelty of Partition Deed form formatted to comply with all Texas recording and content requirements.

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

Comanche County Completed Example of the Owelty of Partition Deed Document
Example of a properly completed Texas Owelty of Partition Deed document for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional Texas and Comanche County documents included at no extra charge:
Where to Record Your Documents
Comanche County Clerk
Comanche, Texas 76442
Hours: Monday - Friday 8:30am - 5:00pm
Phone: 325-356-2655
Recording Tips for Comanche County:
- Ensure all signatures are in blue or black ink
- White-out or correction fluid may cause rejection
- Verify all names are spelled correctly before recording
- Bring extra funds - fees can vary by document type and page count
- Both spouses typically need to sign if property is jointly owned
Cities and Jurisdictions in Comanche County
Properties in any of these areas use Comanche County forms:
- Comanche
- De Leon
- Energy
- Gustine
- Proctor
- Sidney
Hours, fees, requirements, and more for Comanche County
How do I get my forms?
Forms are available for immediate download after payment. The Comanche 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 Comanche County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Comanche 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 Comanche 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 Comanche County?
Recording fees in Comanche County vary. Contact the recorder's office at 325-356-2655 for current fees.
Questions answered? Let's get started!
Texas homestead law turns away nearly every lien a creditor can devise, and an owelty of partition lien is one of the few it admits. Article XVI, Section 50(a)(3) of the Texas Constitution excepts from homestead protection an owelty of partition imposed against the entirety of the property by a court order or by a written agreement of the parties to the partition, including a debt of one spouse in favor of the other resulting from the award of a family homestead in a divorce. This form prepares the deed built on that exception: one co-owner conveys an undivided interest to the other, and the deed retains an owelty of partition lien against the whole property to secure the equalizing payment.
Equality money, secured by the entire property
Owelty is an old word for the money that makes a division equal. When two owners split co-owned real estate and one keeps property worth more than that owner's share, the difference is owed as owelty, and partition law secures it with a lien on the share of greater value. The Texas Supreme Court described the power to award owelty as a necessary incident of partitioning property in Sayers v. Pyland (1942) and confirmed that the lien can arise in a voluntary partition by agreement, not only in a courtroom. What makes the owelty lien unusual is its reach: it attaches to the entirety of the property, including the interest the paying owner already held, and it holds even where the property is the paying owner's homestead.
Why the grantee signs too
Most deeds carry one signature. This one carries two, and the second is where the lien's constitutional footing lives. The exception reaches a lien imposed by a court order or by a written agreement of the parties to the partition, so the deed is drafted as that written agreement: the grantor conveys the undivided interest with a special warranty, retaining the owelty lien, and the grantee joins to agree in writing to the partition and to the imposition of the lien against the entirety of the property, the grantee's own original interest included. The deed provides a place to identify a divorce decree or separate partition agreement, and it states in capital letters that the lien holds until the owelty note is fully paid, at which time the deed becomes absolute.
The paperwork around the deed
The recorded deed travels with companions: the owelty note that states the payment terms, commonly a deed of trust to secure owelty of partition, and, at payoff, a recorded release of lien. Because a properly imposed owelty lien is valid against a homestead, Texas title and lending practice treats the buyout as secured financing rather than a home equity transaction. The deed records with the county clerk of the county where the property is located and carries the confidentiality notice of Property Code Section 11.008 on its first page.
The download includes the deed as a fillable PDF formatted to Texas recording standards, a completed example filled in for a Bexar County divorce fact pattern, and a plain language guide covering each numbered section, the two signature design, and recording. The materials describe the law in general terms and are not legal advice.
Important: Your property must be located in Comanche County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Deed meets all recording requirements specific to Comanche County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Comanche 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 Comanche County Owelty of Partition Deed 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.
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December 3rd, 2020
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Morgan K.
August 24th, 2021
When I brought this deed to the county assessor, they were so impressed that I had done it correctly on my first try, and said they wished everyone would do such a good job on their paperwork.
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Rip V.
October 5th, 2022
Found the forms I needed but had to type these out my self in Word since these forms do not allow any information to be saved. I understand you want this to be proprietary information but you failed to deliver a usable product. I printed this template and built my own in microsoft word. Good examples and instructions with poor execution. I lost hours of typing and nearly lost real estate deals due to these documents not being in a format ready to use. Will be using another service next time or buying these as guides alone.
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James C.
January 15th, 2021
Satisfactory. I was confused and somwhat lost on what to do and what I was getting.
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FRANK O.
March 1st, 2019
Easy to download and use the forms, however two forms needed for my county recording were not included.
Thank you for your feedback Frank. We'll look into finding and including the additional supplemental documents. Sometimes supplemental documents have to be generated by the county's system, specific to the transaction.
Mildred S.
November 8th, 2021
This was an excellent service to amend a deed. It was a little frustrating at first, but well worth it, as they review your documents before submission to your "Recorder of Deeds" to make sure they are not rejected. Would definitely use them again.
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April 20th, 2020
Very good experience.
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Helen M.
May 19th, 2020
The forms are very confusing when there is so much to download! Trying to keep track and make sure you have everything needed is terrible! I think I have everything but I was under the impression I would be filling it out online and with instructions... I am very disappointed to say the least!
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