Waller County Owelty of Partition Deed Form

Last validated July 18, 2026 by our Forms Development Team

Waller County Owelty of Partition Deed Form

Waller 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
Waller County Owelty of Partition Deed Guide

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

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

Where to Record Your Documents

Waller County Clerk

Address:
836 Austin St, Room 217
Hempstead, Texas 77445

Hours: Monday - Friday 8:00am - 5:00pm

Phone: (979) 826-7711

Recording Tips for Waller County:
  • Documents must be on 8.5 x 11 inch white paper
  • Recording fees may differ from what's posted online - verify current rates
  • Request a receipt showing your recording numbers

Cities and Jurisdictions in Waller County

Properties in any of these areas use Waller County forms:

  • Brookshire
  • Hempstead
  • Pattison
  • Prairie View

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Waller County

How do I get my forms?

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

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

Recording fees in Waller County vary. Contact the recorder's office at (979) 826-7711 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 Waller County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Waller 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 Waller 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 - ( 4773 Reviews )

Diana B.

December 8th, 2025

Really can't say enough good things about these deed forms and the related material. Just having the formatting done saves possibly hours of work. County seems to love these forms also (they referred me to Deeds.com). All around great great great!

Reply from Staff

Thank you!

Brenda E.

April 24th, 2020

This is a great tool to use. It makes recording documents so easy and convenient. The website is very user-friendly. The only suggestion I would have is if the website could email me directly when I have a message so I don't have to keep checking back to see if my document is ready.

Reply from Staff

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

Kimberly S.

November 19th, 2019

It's so easy to use. Well worth the price. Thank you.

Reply from Staff

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

elizabeth m.

April 22nd, 2020

Wonderful service, forms were great. Completed and ready for recording. Will check back in after recorded.

Reply from Staff

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

Conrad R.

January 28th, 2023

Easy to obtain form, easy to use. Came with instrucions and references to state statutes. Very Helpful.

Reply from Staff

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

Gregory B.

May 30th, 2020

I believe you need more instruction on the use of the web site. I would type and nothing would appear on the form. When I tried to save a completed form I ended with a blank form with no detail.

Reply from Staff

Thank you!

steven l.

July 29th, 2020

As a first time user and not having knowledge of how your site worked it was awkward to upload a file and not know what to do next. I found out there is nothing to do next but that after some time looking for a submit button or some kind of confirmation that I was doing the right thing. Ended up being very easy, just wasted time trying to figure out what to do when there was nothing left to do.

Reply from Staff

Thank you!

Stan B.

March 19th, 2022

Very satisfied with the PDF documents that I purchased. Will be able to transfer property without hiring an attorney. Well worth the price I paid. Stan

Reply from Staff

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

Jim H.

August 13th, 2020

Well written form, and the guidance document and example supplied were very helpful.

Reply from Staff

Thank you!

Dennis D.

August 4th, 2022

Heard about this service from a lawyer who said their offic used it quite a bit.

Reply from Staff

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

Michael W.

April 15th, 2020

I am generally pleased with your products. However, I found it difficult to return to the package after accessing one selected document. One other comment: Your Trustee's Deed package should include a Certificate of Trust form.

Reply from Staff

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

Paul R.

May 19th, 2021

So far, so good. Great looking site.

Reply from Staff

Thank you!

William A B.

May 20th, 2020

Good service...deed release form as required.

Reply from Staff

Thank you!

Debra B.

October 1st, 2022

Easy to process and file with the courthouse.

Reply from Staff

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

Deloris L.

August 25th, 2020

I downloaded documents easy. But haven't started work on them yet. Seems to be ok.

Reply from Staff

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