Wharton County Special Warranty Deed (with Owelty Lien) Form

Last validated August 13, 2026 by our Forms Development Team

Wharton County Special Warranty Deed (with Owelty Lien) Form

Wharton 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
Wharton County Special Warranty Deed (with Owelty Lien) Guide

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

Wharton 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 Wharton County to use these forms. Documents should be recorded at the office below.

Where to Record Your Documents

Wharton County Clerk

Address:
309 E Milam St, Suite 700 / PO Box 69
Wharton, Texas 77488

Hours: Monday - Friday 8:00am - 4:30pm / Calls until 5:00pm

Phone: (979) 532-2381

Recording Tips for Wharton County:
  • Bring your driver's license or state-issued photo ID
  • Ask about their eRecording option for future transactions
  • Recorded documents become public record - avoid including SSNs
  • Bring extra funds - fees can vary by document type and page count
  • Both spouses typically need to sign if property is jointly owned

Cities and Jurisdictions in Wharton County

Properties in any of these areas use Wharton County forms:

  • Boling
  • Danevang
  • East Bernard
  • Egypt
  • El Campo
  • Glen Flora
  • Hungerford
  • Lane City
  • Lissie
  • Louise
  • Pierce
  • Wharton

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Wharton County

How do I get my forms?

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

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

Recording fees in Wharton County vary. Contact the recorder's office at (979) 532-2381 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 Wharton 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 Wharton County.

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Wharton 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 Wharton 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 - ( 4783 Reviews )

Ronald C.

January 8th, 2019

Waste of money. The deed form was not printable after completion. Had to create a new form in word on my own.

Reply from Staff

Sorry to hear that you had printing issues. If you had contacted us we might have been able to help troubleshoot your issue. We certainly do not want you to have to pay for something you could not use. We have canceled your order and refunded your payment.

Michael S.

August 7th, 2024

So convenient.

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Alicia S.

August 17th, 2021

It's been a difficult time during my divorce. Glad I was able to get the house related documents easily here.

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Thank you!

janet H.

March 11th, 2026

easy to download and print. came with instructions also. very helpful.

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Alfred M.

August 25th, 2026

Well done - easy to use

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Karen P.

May 6th, 2020

Quick and easy.

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Raj J.

December 2nd, 2020

Perfect, thanks

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Ronald P.

August 18th, 2020

Very easy to use... awaiting info

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Ann M.

February 11th, 2022

I was extremely pleased with how easy this process was, and how quickly my document was recorded. I will definitely use this again!

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November 24th, 2024

Quick fast and easy transaction.

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July 29th, 2020

Awesome. Quick informative and very easy. I made a mistake the first time, emailed you and was able to get it fixed quickly and got it done.

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Margo W.

June 11th, 2022

Very easy to understand and complete the process. This is the third attempt to download a Quit Claim Deed and the only one we had success with. Thank you.

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Steven S.

December 31st, 2021

Accurate and informative, great site for deed forms.

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Wes C.

March 26th, 2022

The forms are easy to use and the examples and guidance are easy to understand and follow.

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May 21st, 2020

Easily found what I needed. Very helpful. Downloaded the documents, saved to my computer and printed what I needed.

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