Swisher County Owelty of Partition Deed Form

Last validated July 18, 2026 by our Forms Development Team

Swisher County Owelty of Partition Deed Form

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.

Document Last Validated 7/18/2026
Swisher County Owelty of Partition Deed Guide

Swisher 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
Swisher County Completed Example of the Owelty of Partition Deed Document

Swisher 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 Swisher County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Swisher County & District Clerk

Address:
119 South Maxwell Ave, Rm 103
Tulia, Texas 79088

Hours: Mon-Thu 8:00am - 5:30pm, Fri 8:00am - 4:00pm

Phone: (806) 995-3294

Recording Tips for Swisher County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Request a receipt showing your recording numbers
  • Check margin requirements - usually 1-2 inches at top
  • Ask about their eRecording option for future transactions
  • Both spouses typically need to sign if property is jointly owned

Cities and Jurisdictions in Swisher County

Properties in any of these areas use Swisher County forms:

  • Happy
  • Kress
  • Tulia

View Complete Recorder Office Guide

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.

4.8 out of 5 - ( 4763 Reviews )

Christina H.

December 29th, 2022

I appreciate having forms available and not having to go to a business supply or attorney. This is great. However, there are two individual quit claim deed forms and I don't know which one is appropriate.

Reply from Staff

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

Lacina B.

July 25th, 2020

Forms were appropriately priced, easy to download

Reply from Staff

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

Tom L.

April 18th, 2019

An excellent service that I would be happy to use again.

Reply from Staff

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

Maryanne M.

May 6th, 2019

Excellent service and actually better than expected. Plus if the information is not available you refund my money immediately. I will use this service again and again. Thanks

Reply from Staff

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

Bernardo M.

March 11th, 2022

You think you're purchasing 1 form for $25 but you are getting several which explains the $25. My printer ran out of black ink and I couldn't change the color of the text so that it would print. I couldn't copy and paste it to Word and work on it there. I'm going to purchase ink today so that it will at least print right. I will have to retype the text in Word; not good.

Reply from Staff

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

Holly K.

November 4th, 2022

This is the simplest way to record a deed ever. Just uploaded the deed and the professionals at deed.com did the rest. Within 8 hours, I had my recorded deed back. The price is fantastic. It would have cost me more in gas to drive to the county where I had to record the deed.

Reply from Staff

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

Cheryl D.

August 24th, 2020

How easy was this. I was pleasantly surprised by the speed and price. Saved me several days of snail mail :) thanks deeds.com!

Reply from Staff

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

Susan Z.

February 1st, 2019

Helpful website. Couldn't use the forms for my situation and area

Reply from Staff

Thank you for your feedback Susan. We don't want you to have to pay for something you didn't use, we've gone ahead and canceled your order and payment. Have a great day!

Marisela S.

June 25th, 2019

This is my first time and your service appears to be very user-friendly; however, since I am new to this service, I'm not sure if my e-filings were received as I've not heard anything back nor have I received any type of confirmation of receipt.

Reply from Staff

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

Eileen C.

October 14th, 2020

Easy, fast, affordable. Satisfied customer

Reply from Staff

Thank you!

David P.

February 12th, 2024

This service and company are THE best. We are out of State and needed to efile, and we got it done for the closing. Thanks Deeds.com

Reply from Staff

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

Andrew T.

December 19th, 2023

The process was incredibly simple from start to finish. Someone from the team even sent a message to double check part of my document was filled out correctly. Will be bringing my business here in the future!

Reply from Staff

It was a pleasure serving you. Thank you for the positive feedback!

Albert G.

December 7th, 2019

Download was smooth. I'll post an update after I get a change to work with the forms.

Reply from Staff

Thank you!

Tierre J.

January 3rd, 2019

I put in two orders. I did not get any results from either order and I am still waiting for my refunds.

Reply from Staff

Thank you for your feedback. Sorry we were not able to pull the information you requested. We reviewed your account and the payment voids were processed as your were notified. Sometimes, depending on your financial institution, it can take a few days for the pending charges to fall off of your statement reporting.

richard s.

March 26th, 2020

had exactly what i needed and good price

Reply from Staff

Thank you Richard! Have an amazing day.