Hays County Special Warranty Deed (with Owelty Lien) Form

Last validated August 13, 2026 by our Forms Development Team

Formatted for recording in Hays County, for property anywhere in the county: rural and unincorporated areas as well as Austin, Buda, Driftwood, Dripping Springs, Kyle, San Marcos, Wimberley.

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

Hays County Special Warranty Deed (with Owelty Lien) Form

Hays 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 8/13/2026
Hays County Special Warranty Deed (with Owelty Lien) Guide

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

Hays 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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

County Clerk's Main Office

Address:
Government Center - 712 S Stagecoach Trail, Suite 2008
San Marcos, Texas 78666

Hours: Mon - Fri 8:00am - 4:30pm / Wed until 6:00pm

Phone: (512) 393-7738

County Clerk Precinct 2 Substation

Address:
5458 FM 2770 (co-located with Commissioner)
Kyle, Texas 78666

Hours: Monday - Friday 8:00am - 12:00 & 1:00 - 4:30pm

Phone: (512) 393-7330

Recording Tips for Hays County:
  • Bring your driver's license or state-issued photo ID
  • Ensure all signatures are in blue or black ink
  • Both spouses typically need to sign if property is jointly owned
  • Bring extra funds - fees can vary by document type and page count
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Hays County

Properties in any of these areas use Hays County forms:

  • Austin
  • Buda
  • Driftwood
  • Dripping Springs
  • Kyle
  • San Marcos
  • Wimberley

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Hays County

How do I get my forms?

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

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

Recording fees in Hays County vary. Contact the recorder's office at (512) 393-7738 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 Hays County to use these forms. Documents should be recorded at the county recording office listed above.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Hays 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 Hays County Special Warranty Deed (with Owelty Lien) 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 - ( 4,794 Reviews )

William S. 5 out of 5 stars

Assuming that the downloads went without a hitch, the system was easy to follow and execute.

Reply from Staff

Thank you!

Michael M. 5 out of 5 stars

Received the documents as ordered in a timely fashion. Can't ask for much better than that!

Reply from Staff

Thank you!

Christopher G. 5 out of 5 stars

Great service and very easy to complete

Reply from Staff

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

Santos V. 5 out of 5 stars

Great and easy to understand.

Reply from Staff

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

Pamela B. 5 out of 5 stars

Fantastic system, so easy to use even for a simpleton like me.

Reply from Staff

Thank you!

David Y. 5 out of 5 stars

Really great forms. Did the quitclaim, everything was perfect, recorded with no problems at all. Thanks!

Reply from Staff

Thank you!

Anne M H. 5 out of 5 stars

Appears to be just what I need. Quick and easy to download. Thank you

Reply from Staff

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

Charles H. 5 out of 5 stars

Website is user-friendly and very helpful, butI will have to wait until I submit my documents to the Clerk of Court to see if they are acceptable.

Reply from Staff

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

Jamie F. 5 out of 5 stars

Your service was very helpful as we were able to obtain a form for another state for our client.

Reply from Staff

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

Jann H. 5 out of 5 stars

Was helpful information

Reply from Staff

Thank you!

Angela W. 5 out of 5 stars

All went well.

Reply from Staff

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

Doreen A. 5 out of 5 stars

Easy to navigate Efficient Service

Reply from Staff

Your kind words warm our hearts. Thank you for sharing your experience!

Lee J. 5 out of 5 stars

Very good so far -- downloading all the forms. So many forms -- I had no idea ....

Reply from Staff

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

Barbara J. 5 out of 5 stars

Process was simple and fast. Awaiting response form agency. I’m happy to have found deeds.com for a speedy service.

Reply from Staff

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

David M. 5 out of 5 stars

Fast, reliable, up to date service that I've used several times in the past and will continue to use in the future.

Reply from Staff

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