Smith County Special Warranty Deed (with Owelty Lien) Form
Last validated July 4, 2026 by our Forms Development Team
Smith 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.

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

Smith 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.
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Additional Texas and Smith County documents included at no extra charge:
Where to Record Your Documents
Smith County Clerk
Tyler, Texas 75702
Hours: 8:00am - 4:45pm M-F
Phone: (903) 590-4670
Recording Tips for Smith County:
- Recorded documents become public record - avoid including SSNs
- Make copies of your documents before recording - keep originals safe
- Recording fees may differ from what's posted online - verify current rates
- Ask about their eRecording option for future transactions
- Consider using eRecording to avoid trips to the office
Cities and Jurisdictions in Smith County
Properties in any of these areas use Smith County forms:
- Arp
- Bullard
- Flint
- Lindale
- Troup
- Tyler
- Whitehouse
- Winona
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. 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 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 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 Smith 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 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 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 - ( 4751 Reviews )
Timothy C.
January 19th, 2022
Excellent service. Pay your fee, download the form and fill out according to specific instructions. Then, again according to instructions, take it to the county clerk's office and have it recorded. It could not be easier.
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Angela W.
February 16th, 2022
All went well.
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April 8th, 2020
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John S.
June 29th, 2021
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Edward S.
March 20th, 2021
The spaces do not line up correctly with the text.
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October 28th, 2020
Easy to use and the sample really helped.
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December 24th, 2019
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July 1st, 2024
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Christine B. B.
May 20th, 2019
The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com , There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.
Thank you for your feedback. Sorry to hear that you had trouble with the date field, we will have it reviewed.