Mitchell County Owelty of Partition Deed Form
Last validated September 9, 2026 by our Forms Development TeamFormatted for recording in Mitchell County, for property anywhere in the county: rural and unincorporated areas as well as Colorado City, Loraine, Westbrook.
- 3 documents included
- Immediate PDF download
- Formatting guarantee

Mitchell 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.

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

Mitchell 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
Immediate Download • Secure Checkout
Additional Texas and Mitchell County documents included at no extra charge:
Where to Record Your Documents
Mitchell County Clerk's Office
Colorado City, Texas 79512-6225
Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm
Phone: (325) 728-3481
Recording Tips for Mitchell County:
- Bring your driver's license or state-issued photo ID
- Ensure all signatures are in blue or black ink
- Check that your notary's commission hasn't expired
- Documents must be on 8.5 x 11 inch white paper
- Double-check legal descriptions match your existing deed
Cities and Jurisdictions in Mitchell County
Properties in any of these areas use Mitchell County forms:
- Colorado City
- Loraine
- Westbrook
Hours, fees, requirements, and more for Mitchell County
How do I get my forms?
Forms are available for immediate download after payment. The Mitchell 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 Mitchell County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Mitchell 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 Mitchell 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 Mitchell County?
Recording fees in Mitchell County vary. Contact the recorder's office at (325) 728-3481 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 Mitchell 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 Mitchell County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Mitchell 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 Mitchell 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 - ( 4,828 Reviews )
Laura M. 5 out of 5 stars
Very easy and I appreciate that when you hover over the blank, directions pop up and tell you what to put in that blank. I also appreciated that when I lost the original password, I sent an email and Deeds.com cancelled my order, refunded my account, so that I could start over.
It was a pleasure serving you. Thank you for the positive feedback!
Owen w. 5 out of 5 stars
Was very pleased with execution of the forms. Easy to understand and was hassle free.
Thank you!
timothy s. 5 out of 5 stars
fine job, fellas, fine job
Thank you!
James J. 5 out of 5 stars
Thank you for service. The deed process was easy to complete. My new deed was accepted by the county clerk and the tax assessors office.
Thank you for your feedback. We really appreciate it. Have a great day!
Jean K. 4 out of 5 stars
The website worked fine and I would have been happy to pay the extra money except the deed I needed was "not available". Ended up calling the courthouse anyway.
Thank you for your feedback. We really appreciate it. Have a great day!
Patricia J. 5 out of 5 stars
No word "Download" so had a little trouble figuring out how to download, but finally figured it out.
Thank you for your feedback. We really appreciate it. Have a great day!
Jill S. 5 out of 5 stars
This was highly convenient and successful.
Glad to hear we could help Jill, thanks for the kind words!!
Clarence F. 5 out of 5 stars
very easy to use !!!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
rosie s. 5 out of 5 stars
Very please with the service
Thank you!
Travis S. 5 out of 5 stars
Glad this existed.
Thank you!
Tamica D. 5 out of 5 stars
Exceptional service. Thank you for your assistance.
Thank you!
Novella M T. 5 out of 5 stars
Amazing forms, nice to have something specific and not generic like some other sites. Getting the other required forms included is a nice bonus.
Great to hear Novella. We appreciate you taking the time to leave your feedback.
Eleanor W. 5 out of 5 stars
This link thankfully saved us much time and expense with positive correct completion of the forms needed and verifyed with the county office where to be filed.
Your kind words have lifted our spirits! Thank you for sharing your positive experience.
chris h. 5 out of 5 stars
so far so good
Thank you!
katherine a. 5 out of 5 stars
loved the ease of use for the forms. went on line to find out about Adobe Reader, too. Had a test to see if I had it. Took few seconds. Then on to ordering and downloading which took only 5 minutes for the three forms I wanted. Thanks, Katie Anderson
Thank you for your feedback. We really appreciate it. Have a great day!