New Mexico Forms

Bernalillo County Transfer of Homestead Affidavit Form

Bernalillo County Transfer of Homestead Affidavit Form

Bernalillo County Transfer of Homestead Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.

Validated 6/13/2025 Preview Form
Bernalillo County Transfer of Homestead Affidavit Guide

Bernalillo County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.

Validated 5/14/2025 Preview Form
Bernalillo County Completed Example of the Transfer of Homestead Affidavit Docuement

Bernalillo County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.

Validated 2/24/2025 Preview Form

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

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

Where to Record Your Documents

Bernalillo County Clerk
Address:
One Civic Plaza NW, 6th floor / PO Box 542
Albuquerque, New Mexico 87102-0542

Hours: 8:00am-5:00pm M-F

Phone: (505) 468-1290

Recording Tips for Bernalillo County:
  • Bring your driver's license or state-issued photo ID
  • Verify all names are spelled correctly before recording
  • Avoid the last business day of the month when possible
  • Check margin requirements - usually 1-2 inches at top

Cities and Jurisdictions in Bernalillo County

Properties in any of these areas use Bernalillo County forms:

  • Albuquerque
  • Cedar Crest
  • Isleta
  • Kirtland Afb
  • Sandia Park
  • Tijeras

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Bernalillo County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Bernalillo County including margin requirements, content requirements, font and font size requirements.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Bernalillo 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 Bernalillo County?

Recording fees in Bernalillo County vary. Contact the recorder's office at (505) 468-1290 for current fees.

Have other questions? Contact our support team

Some married people purchase real estate in New Mexico for vacation or investment purposes and title it as the sole and separate property of one spouse. Others identify themselves as husband and wife, but do not specify how they wish to hold title. In many such situations, the death of one spouse initiates a case with the probate court to distribute the decedent's estate according to his/her will. This judicial proceeding might also include transferring ownership of real estate into the living spouse's name.

But what if the deceased spouse died intestate (without a will) or has arranged for all of his/her assets to pass to named beneficiaries using non-probate options such as joint ownership, transfer on death designations, or trusts? If the house qualifies as a <b>homestead</b> and is vested as <b>community property</b>, the remaining spouse might be able to gain full title rights more easily by using a transfer of homestead affidavit.

This affidavit is designed to transfer the entire shared interest to the surviving spouse without the need for probate. In general, the property must meet six conditions to qualify for a transfer of homestead affidavit under Section 45-3-1205:

1. The decedent and the surviving spouse owned New Mexico real estate identified as a homestead.

2. The decedent and the surviving spouse held title to that real estate as community property (See Section 45-2-102.

3. No probate proceeding is required for any other property or assets.

4. All taxes and obligations due from the estate have been settled.

5. The full value of the property as assessed for property taxation purposes does not exceed five hundred thousand dollars ($500,000).

6. At least six months have passed since the deceased spouse's death.

To complete the transfer, the surviving spouse must record the completed, notarized document at the clerk's office for the county where the property is located. In addition to the affidavit, attach certified copies of the deed granting ownership to the married couple (including a legal description of the homestead property), the decedent's will, if any, and the death certificate. Note that some counties in New Mexico refuse to record death certificates because they might contain protected information such as social security numbers, so contact the local recording office to verify their requirements.

Important terms:

A homestead, or family home, is the principal place of residence of the deceased or surviving spouse. It includes the house, associated buildings on the property, and enough land to support reasonable access and use. See Section 45-3-1205(C) NMSA 1978.

Community property as defined in Section 40-3-8 is a vesting option that is only available to married couples. Property acquired during marriage, by either or both spouses, is assumed to be community property unless specifically identified as separate property. Deeded property acquired by the couple, whether as tenants in common or as joint tenants or otherwise, is presumed to be held as community property.

This discussion is provided as general information. Please contact an attorney for assistance with specific questions or complex situations.

(New Mexico TOHA Package includes form, guidelines, and completed example)

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

This Transfer of Homestead Affidavit meets all recording requirements specific to Bernalillo County.

Our Promise

The documents you receive here will meet, or exceed, the Bernalillo County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Bernalillo County Transfer of Homestead Affidavit 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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