Freestone County Real Estate Lien Note (Owelty of Partition) Form
Last validated July 18, 2026 by our Forms Development Team
Freestone 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.

Freestone 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.

Freestone 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.
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Additional Texas and Freestone County documents included at no extra charge:
Where to Record Your Documents
Freestone County Clerk
Fairfield, Texas 75840
Hours: Mon - Thu 8:00am - 5:00pm, Fri 8:00am - 4:30pm
Phone: (903) 389-2635
Recording Tips for Freestone County:
- Ensure all signatures are in blue or black ink
- Documents must be on 8.5 x 11 inch white paper
- Bring extra funds - fees can vary by document type and page count
- Recorded documents become public record - avoid including SSNs
Cities and Jurisdictions in Freestone County
Properties in any of these areas use Freestone County forms:
- Donie
- Fairfield
- Kirvin
- Streetman
- Teague
- Wortham
Hours, fees, requirements, and more for Freestone County
How do I get my forms?
Forms are available for immediate download after payment. The Freestone 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 Freestone County?
Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Freestone 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 Freestone 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 Freestone County?
Recording fees in Freestone County vary. Contact the recorder's office at (903) 389-2635 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 Freestone County to use these forms. Documents should be recorded at the office below.
This Real Estate Lien Note (Owelty of Partition) meets all recording requirements specific to Freestone County.
Our Promise
The documents you receive here are guaranteed to meet or exceed the applicable Freestone 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
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