Brooks County Special Warranty Deed (with Owelty Lien) Form

Last validated July 18, 2026 by our Forms Development Team

Brooks County Special Warranty Deed (with Owelty Lien) Form

Brooks County Special Warranty Deed (with Owelty Lien) Form

Fill in the blank Special Warranty Deed (with Owelty Lien) form formatted to comply with all Texas recording and content requirements.

Document Last Validated 7/18/2026
Brooks County Special Warranty Deed (with Owelty Lien) Guide

Brooks County Special Warranty Deed (with Owelty Lien) Guide

Line by line guide explaining every blank on the Special Warranty Deed (with Owelty Lien) form.

Document Last Validated 7/18/2026
Brooks County Completed Example of the Special Warranty Deed (with Owelty Lien) Document

Brooks County Completed Example of the Special Warranty Deed (with Owelty Lien) Document

Example of a properly completed Texas Special Warranty Deed (with Owelty Lien) document for reference.

Document Last Validated 7/18/2026

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

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

Where to Record Your Documents

Brooks County Clerk - Courthouse

Address:
100 E Miller St / PO Box 427
Falfurrias, Texas 78355

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 5:00pm

Phone: (361) 325-5604

Recording Tips for Brooks County:
  • Ask if they accept credit cards - many offices are cash/check only
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs

Cities and Jurisdictions in Brooks County

Properties in any of these areas use Brooks County forms:

  • Encino
  • Falfurrias

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Brooks County

How do I get my forms?

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

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

Recording fees in Brooks County vary. Contact the recorder's office at (361) 325-5604 for current fees.

Questions answered? Let's get started!

Texas homestead law defeats nearly every lien a creditor can record. Article XVI, Section 50(a)(3) of the Texas Constitution names one of the few exceptions: 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 the debt one spouse owes the other after a divorce court awards the family home. This form prepares the Texas instrument built around that exception, a special warranty deed that conveys a co-owner's interest and retains an owelty of partition lien securing the buyout.

One deed, two jobs

The deed does two things in a single recorded instrument. First it conveys: the departing co-owner grants, sells, and conveys that owner's undivided interest to the co-owner keeping the property, with a special warranty covering claims that arise by, through, or under the grantor, but not otherwise. Then it secures: an owelty of partition lien is imposed and retained against the entirety of the property, together with a vendor's lien and superior title, until the note for the equalizing payment is fully paid, at which point the deed becomes absolute. Because the lien reaches the whole property rather than only the interest conveyed, it holds even where the property is the remaining owner's homestead, standing on the constitutional exception rather than on ordinary contract lien law.

Divorce buyouts and other partitions

The most familiar setting is a Texas divorce in which one spouse keeps the house and the other receives a share of the equity. The decree orders a partition with an owelty award; this deed, a real estate lien note, and a deed of trust to secure owelty of partition then carry the award into the county records, where a refinance lender can fund the buyout and take the note and its liens by assignment. The Supreme Court of Texas recognized the same device for voluntary partitions in Sayers v. Pyland (1942), so the same structure operates for inherited co-owners and other cotenants who divide by written agreement.

Why both parties sign

The grantor signs to convey. The grantee signs to join in the partition, because the constitution permits the owelty lien against a homestead when a court order or a written agreement of the parties imposes it, and the deed recites that the parties sign it as that written agreement. The form carries a separate acknowledgment certificate for each signer, so the two can appear before different notaries on different dates.

Prepared for the recording counter

The deed carries the confidentiality notice Property Code Section 11.008 places at the top of the first page, letter size pages within the county formatting standards, and reserved space for the clerk's recording stamp. It records with the county clerk of the county where the property is located. The package includes the blank deed as a fillable PDF, a completed example documenting a Fort Worth divorce buyout from decree to notary blocks, and a plain language guide that walks through every numbered section and the recording steps. The materials are informational and are not legal advice.

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

This Special Warranty Deed (with Owelty Lien) meets all recording requirements specific to Brooks County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Brooks 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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February 25th, 2021

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May 22nd, 2019

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