Smith County Release of Lien (Owelty of Partition) Form

Last validated October 5, 2026 by our Forms Development Team

Formatted for recording in Smith County, for property anywhere in the county: rural and unincorporated areas as well as Arp, Bullard, Flint, Lindale, Troup, Tyler, Whitehouse, Winona.

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Smith County Release of Lien (Owelty of Partition) Form

Smith County Release of Lien (Owelty of Partition) Form

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

Document last validated 9/3/2026
Smith County Release of Lien (Owelty of Partition) Guide

Smith County Release of Lien (Owelty of Partition) Guide

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

Document last validated 10/5/2026
Smith County Completed Example of the Release of Lien (Owelty of Partition) Document

Smith County Completed Example of the Release of Lien (Owelty of Partition) Document

Example of a properly completed Texas Release of Lien (Owelty of Partition) document for reference.

Document last validated 9/17/2026

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

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

Where to Record Your Documents

Smith County Clerk

Address:
200 East Ferguson St, Suite 300
Tyler, Texas 75702

Hours: 8:00am - 4:45pm M-F

Phone: (903) 590-4670

Recording Tips for Smith County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Ask about accepted payment methods when you call ahead
  • Ask for certified copies if you need them for other transactions
  • Ask if they accept credit cards - many offices are cash/check only

Cities and Jurisdictions in Smith County

Properties in any of these areas use Smith County forms:

  • Arp
  • Bullard
  • Flint
  • Lindale
  • Troup
  • Tyler
  • Whitehouse
  • Winona

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Smith County

How do I get my forms?

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

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

Recording fees in Smith County vary. Contact the recorder's office at (903) 590-4670 for current fees.

Questions answered? Let's get started!

Texas homestead law turns away almost every lien a creditor can devise, and the short constitutional list of exceptions makes the ones it admits distinctive. The owelty of partition lien is on that list: the lien that secures an equalizing payment when co-owned property is divided unevenly, most often when a divorce decree awards the home to one spouse and a buyout sum to the other. This form prepares the instrument that ends that arrangement, a release of lien signed by the holder after the owelty debt is paid and recorded with the county clerk.

The lien Texas homestead law lets through

Article XVI, Section 50(a)(3) of the Texas Constitution permits 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 a division or an award of a family homestead in a divorce proceeding. Property Code Section 41.001(b)(4) carries the same language on the statutory side. The Texas Supreme Court has long treated owelty as being in the nature of purchase money secured by a vendor's lien, which is why the arrangement is documented like a financing: an owelty deed, an owelty deed of trust against the whole property, and, when the debt is paid, a release.

Paid off is not the same as released

Payment satisfies the debt, but the county records do not know it happened. The recorded owelty deed of trust stays of record indefinitely, and a title examiner handling a later sale or refinance finds it and looks for a discharge. Until a release is recorded, the records show a live lien against the property. The release closes that gap: it identifies the owelty note, the deed of trust by its recording information, and the decree or partition agreement that created the equalization, then states that the debt is paid in full and that the holder releases, satisfies, and discharges every lien securing it, including any vendor's lien and any constitutional owelty lien.

Who signs, and who does not

The release runs from the holder of the lien alone: the former spouse or co-owner named in the owelty instruments, or a lender that took the lien by a recorded transfer at refinance. The property owner is identified in the instrument but does not sign it, and no joinder of the holder's spouse applies, since releasing a lien on another person's property is not a conveyance of the holder's homestead. The holder signs once, before a notary, and the form carries a complete acknowledgment certificate ready for recording.

Recording with the county clerk

The release is recorded in the county where the property is located, the same records that hold the lien it discharges, and the confidentiality notice required by Property Code Section 11.008 appears at the top of the first page. The package includes the blank release as a fillable PDF, a plain language guide that walks through each numbered section and the recording step, and a completed example showing the entire instrument filled in for a realistic Denton County divorce fact pattern. The materials are informational and are not legal advice; a Texas attorney can apply the law to a particular decree or title.

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

This Release of Lien (Owelty of Partition) meets all recording requirements specific to Smith County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Smith 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 Smith County Release of Lien (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.

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