Franklin County Owelty of Partition Deed Form

Last validated September 9, 2026 by our Forms Development Team

Formatted for recording in Franklin County, for property anywhere in the county: rural and unincorporated areas as well as Mount Vernon, Scroggins, Talco.

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

Franklin County Owelty of Partition Deed Form

Franklin 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.

Document last validated 9/9/2026
Franklin County Owelty of Partition Deed Guide

Franklin County Owelty of Partition Deed Guide

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

Document last validated 7/18/2026
Franklin County Completed Example of the Owelty of Partition Deed Document

Franklin County Completed Example of the Owelty of Partition Deed Document

Example of a properly completed Texas Owelty of Partition Deed 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 Franklin County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Franklin County Clerk's Office

Address:
200 N Kaufman St / PO Box 1047
Mt Vernon, Texas 75457

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm / Recording until 4:00pm

Phone: (903) 537-2342 Ext 2

Recording Tips for Franklin County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Documents must be on 8.5 x 11 inch white paper
  • Double-check legal descriptions match your existing deed
  • Verify all names are spelled correctly before recording

Cities and Jurisdictions in Franklin County

Properties in any of these areas use Franklin County forms:

  • Mount Vernon
  • Scroggins
  • Talco

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Franklin County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Franklin 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 Franklin 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 Franklin County?

Recording fees in Franklin County vary. Contact the recorder's office at (903) 537-2342 Ext 2 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 Franklin County to use these forms. Documents should be recorded at the county recording office listed above.

This Owelty of Partition Deed meets all recording requirements specific to Franklin County.

Our Promise

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

4.8 out of 5 - ( 4,825 Reviews )

Michael L. 5 out of 5 stars

Perfect timely service! Will use again!

Reply from Staff

Thank you!

Rosemary S. 5 out of 5 stars

It was quick and so very easy. Very detailed information. Love the app.

Reply from Staff

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

BRIAN M. 5 out of 5 stars

Excellent Service, Fast and efficient. Thank You!

Reply from Staff

Thank you!

Barbara C. 5 out of 5 stars

I have used these forms now at least 3 times in order to sell the same parcel of land. The forms are great and I'm happy that I could use them more than once. To no fault of Deeds.com I used them many times to sell the same land. First the man died that was buying, before it got recorded. Then his wife was going to finish it, but then decided it should be sold to another party who was a friend of hers.

Reply from Staff

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

Maria G. 5 out of 5 stars

Very easy and fast. Couldnt ask for anything better.

Reply from Staff

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

Shelly J. 5 out of 5 stars

There's nothing to say except it couldn't be easier.

Reply from Staff

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

RAYMOND W. 5 out of 5 stars

Thank you for the comprehensive forms - very much appreciated!

Reply from Staff

Thank you Raymond.

Christopher H. 5 out of 5 stars

So far, everything we have needed was easy to find, fill out and understand. If it all works out as it should, this site will have a customer for life.

Reply from Staff

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

Michael M. 5 out of 5 stars

Easy to follow directions and instructions to properly and legally fill-in the Deed that I requested. It was also very easy and convenient. If I was going to employ an Attorney or Legal Documents Preparer, they would easily charge me between $150 to $225 a Deed! For the cost of $19.97, anyone would pursue this price! Thank you, Deeds.com for a wonderful and terrific experience! I'm going to need you again to change Titles for my other Investment Properties.

Reply from Staff

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

Sallie L. 5 out of 5 stars

Easy, information given was very helpful!

Reply from Staff

Thank you!

Michael O. 5 out of 5 stars

Received everything that was promised.

Reply from Staff

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

Melody P. 5 out of 5 stars

Thanks again for such expedient and excellent service!

Reply from Staff

Thank you!

Phillip S. 4 out of 5 stars

I used the Oklahoma Gift Deed transferring property intra-family, and found it easy to complete. I could not find an Oklahoma Affidavit for the new law re citizenship verification, 60 O.S. Sec 121 and found it at another site that was not a fill in online. Oh well. Site was easy to navigate.

Reply from Staff

We are motivated by your feedback to continue delivering excellence. Thank you!

Joyce F. 5 out of 5 stars

The forms are simple to follow. I was hoping I would be able to add my personal info. That would make the forms even more simple.

Reply from Staff

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

Teresa H. 4 out of 5 stars

I loved that there was a sample with the downloads. It made it much easier to fill out the document correctly.

Reply from Staff

Thank you Teresa, have a great day!