Swisher County Owelty of Partition Deed Form
Last validated July 4, 2026 by our Forms Development Team
Swisher 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.

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

Swisher County Completed Example of the Owelty of Partition Deed Document
Example of a properly completed Texas Owelty of Partition Deed document for reference.
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Additional Texas and Swisher County documents included at no extra charge:
Where to Record Your Documents
Swisher County & District Clerk
Tulia, Texas 79088
Hours: Mon-Thu 8:00am - 5:30pm, Fri 8:00am - 4:00pm
Phone: (806) 995-3294
Recording Tips for Swisher County:
- White-out or correction fluid may cause rejection
- Check that your notary's commission hasn't expired
- Ask about their eRecording option for future transactions
Cities and Jurisdictions in Swisher County
Properties in any of these areas use Swisher County forms:
- Happy
- Kress
- Tulia
Hours, fees, requirements, and more for Swisher County
How do I get my forms?
Forms are available for immediate download after payment. The Swisher 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 Swisher County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Swisher 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 Swisher 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 Swisher County?
Recording fees in Swisher County vary. Contact the recorder's office at (806) 995-3294 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 Swisher County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Deed meets all recording requirements specific to Swisher County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Swisher 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 Swisher 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, 2021
The packet I downloaded was complete and useful, and process was not unduly opaque. However, I would have liked to download the whole packet, about 6 files, all at one go. Still, the forms provided the complete solution to my situation.
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March 2nd, 2023
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June 2nd, 2021
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December 29th, 2018
Very easy to understand forms...
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May 16th, 2019
Thank you for your service,,you have a very good site,,easy to use
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Marolyn V.
June 4th, 2026
The booklet is too wordy. Not concise enough for someone who is inexperienced at filling out your form. It would be nice to have a picture example of what you are talking about. When we got to the Registars office we found out they do not have a notary. Would have been nice to know before we went. The form asks for page and book which is no longer needed. So why have it on there?
Thank you, Marolyn, this is useful feedback. A completed sample is actually included with the form, and your note tells us we should make it easier to find and tie it more directly to the instructions, so we'll do that. We'll also add a "before you begin" checklist and a clearer note that the document needs to be notarized in advance, since recording offices don't provide notary service. On the book and page: that reference is required by the Utah statute this affidavit is filed under (§ 57-1-5.1) and still applies to older deeds recorded before counties moved to entry-number-only indexing around 2000. You enter whichever reference appears on your recorded deed and leave the rest blank. Appreciate you taking the time to write in.
Bette B.
November 2nd, 2021
Got Form I needed with detailed instructions and it was inexpensive
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Michael F.
May 15th, 2020
VERY EFFICIENT AND PLEASANT.
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Michael G. S.
January 3rd, 2019
The process was quite easy, following the instructional guide. I have yet to find out if the deed was accepted, but your site was very user friendly.
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Tommie G.
March 11th, 2021
I saved 225.00 with this purchase.Make sure you have an updated property description from your county tax collectors' office.In Bay county,Florida the tax office will email you an updated property description.I attached the email to the the deed.I had to change the date and they accepted a white out and ink correction on your form.
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Gwenevere J.
December 1st, 2020
Website is very informative and user friendly!
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Charles S.
May 11th, 2025
It's useful to have forms specific to the County as well as the State. The examples are also helpful, but it would be even more helpful to see an example of a complete and successfully filed package. I will go the County Recorder's Office to see if I can find an example there.
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Terry S.
March 23rd, 2022
Forms were very easy to use using the completed form as an example.
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Cessaly D H.
December 27th, 2022
Excellent service bc you create your own account and have immediate access to documents!
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