Washington County Owelty of Partition Deed Form
Last validated July 18, 2026 by our Forms Development Team
Washington 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.

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

Washington 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 Washington County documents included at no extra charge:
Where to Record Your Documents
Washington County Clerk - Courthouse
Brenham, Texas 77833
Hours: Monday - Friday 8:00am - 5:00pm
Phone: (979) 277-6200
Recording Tips for Washington County:
- Check that your notary's commission hasn't expired
- Avoid the last business day of the month when possible
- Recorded documents become public record - avoid including SSNs
- Multi-page documents may require additional fees per page
Cities and Jurisdictions in Washington County
Properties in any of these areas use Washington County forms:
- Brenham
- Burton
- Chappell Hill
- Washington
Hours, fees, requirements, and more for Washington County
How do I get my forms?
Forms are available for immediate download after payment. The Washington 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 Washington County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Washington 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 Washington 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 Washington County?
Recording fees in Washington County vary. Contact the recorder's office at (979) 277-6200 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 Washington County to use these forms. Documents should be recorded at the office below.
This Owelty of Partition Deed meets all recording requirements specific to Washington County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Washington 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 Washington 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 )
Shari N.
April 9th, 2025
Deeds.com provides a valuable resource to efficiently file documents for recordation.
We are grateful for your feedback and looking forward to serving you again. Thank you!
Doris M M.
March 30th, 2022
EXCELLENT SERVICE. WILL MAINTAIN CONTACT FOR FUTURE REFERENCE. THANK YOU!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Eleanor W.
November 27th, 2019
Easy to find the form I needed. And the instructions helpful on how to fill out the form.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Michael H.
July 30th, 2019
Found documents I needed quickly and at a reasonable price. MH
Thank you for your feedback. We really appreciate it. Have a great day!
Connie C.
February 18th, 2021
I thought the process was fairly easy. The price was reasonable. I had a slight problem, some of the words were missing from one page of the documents when I printed it. However, after I saved it to my computer, I was able to print the page in full.
Thank you for your feedback. We really appreciate it. Have a great day!
Nellouise S.
April 10th, 2019
Documents are ok but I needed to reword some of the verbiage and it cannot be edited without paying a monthly or annual membership. otherwise it is a very nice site.
Thank you for your feedback. We really appreciate it. Have a great day!
Lorna D.
September 12th, 2020
Haven't used the form yet. But hopefully it's the correct one.
Thank you!
Fred B.
May 19th, 2020
Great site and very easy to use. I will be using this for all of my search and form requirements.
Thank you for your feedback. We really appreciate it. Have a great day!
Allan y.
July 13th, 2019
I liked the guide and example to follow to fill out the form. Very helpful!!
Thank you!
CLIVE R.
February 2nd, 2026
The instructions were really clear and the site user friendly
We appreciate your comments and your trust in us. Thank you.
Donna R.
February 10th, 2021
Great service. Just started using Deeds.com yesterday. So far, so good.
Thank you for your feedback. We really appreciate it. Have a great day!
Caroline W.
June 30th, 2019
They didn't have what I needed, but they were very quick in responding to let me know and where I needed to go to receive the desired information.
Thank you for your feedback Caroline.
Kelly H.
November 30th, 2020
This site was very fast and easy to use, highly recommend it.
Thank you for your feedback. We really appreciate it. Have a great day!
Eduardo A.
January 22nd, 2022
Perfect, blank forms, just what I ordered. Easy to download, understand, and complete.
Thank you!
Rick R.
February 5th, 2021
So far excellent service - I made a boo boo on the deed - no problem they made the change before they sent it off to be recorded. I will never drive to the Recorder's office again.
Thank you!