Ellis County Real Estate Lien Note (Owelty of Partition) Form

Last validated September 10, 2026 by our Forms Development Team

Formatted for recording in Ellis County, for property anywhere in the county: rural and unincorporated areas as well as Avalon, Bardwell, Ennis, Ferris, Forreston, Italy, Maypearl, Midlothian and 4 more.

$3997
One-time purchase. No subscription.
  • 3 documents included
  • Immediate PDF download
  • Formatting guarantee

Ellis County Real Estate Lien Note (Owelty of Partition) Form

Ellis County Real Estate Lien Note (Owelty of Partition) Form

Fill in the blank Real Estate Lien Note (Owelty of Partition) form formatted to comply with all Texas recording and content requirements.

Document last validated 9/10/2026
Ellis County Real Estate Lien Note (Owelty of Partition) Guide

Ellis County Real Estate Lien Note (Owelty of Partition) Guide

Line by line guide explaining every blank on the Real Estate Lien Note (Owelty of Partition) form.

Document last validated 8/28/2026
Ellis County Completed Example of the Real Estate Lien Note (Owelty of Partition) Document

Ellis County Completed Example of the Real Estate Lien Note (Owelty of Partition) Document

Example of a properly completed Texas Real Estate Lien Note (Owelty of Partition) document for reference.

Document last validated 8/18/2026

All 3 documents above included • One-time purchase • No recurring fees

Immediate Download • Secure Checkout

Important: Your property must be located in Ellis County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Ellis County Clerk Office

Address:
109 S Jackson St / PO Box 250
Waxahachie, Texas 75168

Hours: Monday - Friday 8:00am - 4:30pm

Phone: (972) 825-5070

Recording Tips for Ellis 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 Ellis County

Properties in any of these areas use Ellis County forms:

  • Avalon
  • Bardwell
  • Ennis
  • Ferris
  • Forreston
  • Italy
  • Maypearl
  • Midlothian
  • Milford
  • Palmer
  • Red Oak
  • Waxahachie

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Ellis County

How do I get my forms?

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

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

Recording fees in Ellis County vary. Contact the recorder's office at (972) 825-5070 for current fees.

Questions answered? Let's get started!

Texas homestead law turns away almost every lien, but owelty of partition stands on the short constitutional list of debts a homestead can secure. When co-owned property passes to one owner, whether a divorce court awards the family home to one spouse or heirs agree that one of them keeps an inherited house, the equalizing debt owed to the departing owner can be secured against the entire property under Article XVI, Section 50(a)(3) of the Texas Constitution. The real estate lien note is the instrument that puts that debt on paper: the written promise to pay that the owelty lien secures.

A Debt the Homestead Can Secure

The constitutional text is specific. The owelty must be imposed against the entirety of the property, not just a fractional share, and it must come from a court order or a written agreement of the parties to the partition; the provision expressly includes a debt of one spouse in favor of the other spouse resulting from a division or an award of a family homestead in a divorce proceeding. Property Code Section 41.001(b)(4) carries the same rule in the statutes. Because owelty is its own constitutional category, a buyout documented this way travels a different path from a home equity loan under Section 50(a)(6), and refinance lenders routinely treat a recorded owelty lien as a debt eligible for rate-and-term refinancing.

One Buyout, Three Instruments

Texas owelty practice divides the work among three documents. A deed conveys the departing owner's interest and carries the owelty lien. A deed of trust secures repayment against the property with a power of sale. And this note states the money terms: the principal amount fixed by the decree or partition agreement, the interest rate, the rate on matured unpaid amounts, and the terms of payment, with recitals tying the debt to the decree or agreement and to the deed of trust. The note is signed by the maker alone, without a notary, and it is never recorded; the deed and deed of trust go to the county clerk, while the original note is delivered to the payee, who holds it until the debt is paid and then signs a recordable release of lien.

The Money Terms

The Finance Code frames the interest entries. An agreed rate operates under Chapter 302 and the optional ceilings of Chapter 303; where no interest is agreed, Section 302.002 supplies legal interest of 6 percent beginning on the 30th day after an amount is due. The note's printed terms include a usury savings clause that caps every rate at the lawful maximum, prepayment in whole or in part at any time without penalty, acceleration on an uncured default, and a collection-costs provision alongside the attorney's fees recovery that Civil Practice and Remedies Code Section 38.001 extends to written contracts. The terms of payment stay in the parties' hands: a single maturity date, monthly installments, or payment due on sale or refinance of the property all appear in owelty practice.

The package includes the note as a fillable PDF, a completed example documenting a realistic Travis County divorce buyout from decree to signature, and a plain language guide that walks through every numbered section, the constitutional framework, and the recorded companion instruments. The materials are informational and are not legal advice.

Important: Your property must be located in Ellis County to use these forms. Documents should be recorded at the county recording office listed above.

This Real Estate Lien Note (Owelty of Partition) meets all recording requirements specific to Ellis County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Ellis 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 Ellis County Real Estate Lien Note (Owelty of Partition) 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 - ( 4,810 Reviews )

SHASTA S. 3 out of 5 stars

Ordered quitclaim deed form for Knox county Illinois. It got the job done however it was not a very good format. I had to explain all to the county recorder & was worried she would reject it. I would not recommend this item.

Reply from Staff

Thank you!

Kenneh C. 1 out of 5 stars

I was looking for something this website does not offer. Very dissapointed.

Reply from Staff

Sorry to hear that. We do hope you found what you were looking for elsewhere.

James J. 5 out of 5 stars

Downloaded and used the Ladybird Warranty Deed for a county in Florida with no issues. Cost for the download and subsequent recording fee of the deed totaled less than $40. No reason to pay hundreds. I assume the subsequent transfer upon death will go smoothly, but I of course, will never know. The "example" of a completed form was very beneficial. Also, get a copy of the current deed and make sure legal description of real estate is exactly the same on the new deed.

Reply from Staff

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

Lori F. 5 out of 5 stars

That was easy!

Reply from Staff

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

Thomas Z. 5 out of 5 stars

Excellent site! Very informative and easy to navigate. I would highly recommend to anyone requiring documents in a quick and through fashion.

Reply from Staff

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

Robert G. 5 out of 5 stars

Very nice. Especially liked that I could re-use the form since I have a couple of properties.

Reply from Staff

Thank you!

Gail M. 5 out of 5 stars

Great website. Once submit payment documents are immediately emailed, easy to print and clear format. Will definitely use again!

Reply from Staff

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

James H. 5 out of 5 stars

Very satisfied. Download was easy, completing the form was easy, got our signatures notarized and submitted it to the register of deeds. The only item was that the register of deeds did not immediately recognize the TOD deed form as the usual form they receive. After carefully reviewing all the information and wording on the deed she accepted it.

Reply from Staff

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

Maryanne M. 5 out of 5 stars

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!

Susan C. 5 out of 5 stars

easy to use to get copy of documents. given your website by recorder in the country offices.

Reply from Staff

Thank you Susan, we appreciate your feedback.

Vallerie M. 5 out of 5 stars

Amazing! Great prompt service and follow up. I couldn’t be happier

Reply from Staff

We are grateful for your engagement and feedback, which help us to serve you better. Thank you for being an integral part of our community.

Robson A. 5 out of 5 stars

Very easy & efficient to use! I would have had to drive an hour to the county office. So glad this worked instead! You should advertise more....if I hadn't done research I would never have known about your service.

Reply from Staff

Thank you!

Donna B. 5 out of 5 stars

Really liked the quick access to documents. Great service, thanks.

Reply from Staff

Thank you Donna, we appreciate you taken the time to leave your feedback. Have a great day!

Lew B. 3 out of 5 stars

The forms look great, but I received an Error message when downloading.

Reply from Staff

We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.

Clarence O. 5 out of 5 stars

Very easy process to record a Quit Claim Deed. Would definitely recommend!

Reply from Staff

Thank you!