Chaves County Transfer of Homestead Affidavit Forms (New Mexico)
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Form Package
Transfer of Homestead Affidavit
State
New Mexico
Area
Chaves County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Chaves County specific forms and documents listed below are included in your immediate download package:
Transfer of Homestead Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/5/2024
Transfer of Homestead Affidavit Guide
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 12/29/2023
Completed Example of the Transfer of Homestead Affidavit Docuement
Example of a properly completed form for reference.
Included document last reviewed/updated 4/15/2024
Included Supplemental Documents
The following New Mexico and Chaves County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Chaves County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Chaves County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Chaves County Transfer of Homestead Affidavit forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Transfer of Homestead Affidavit forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Chaves County that you need to transfer you would only need to order our forms once for all of your properties in Chaves County.
Are these forms guaranteed to be recordable in Chaves County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Chaves County including margin requirements, content requirements, font and font size requirements.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Transfer of Homestead Affidavit Forms:
- Chaves County
Including:
- Dexter
- Hagerman
- Lake Arthur
- Roswell
What is the New Mexico Transfer of Homestead Affidavit
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)
Our Promise
The documents you receive here will meet, or exceed, the Chaves 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 Chaves 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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4.8 out of 5 (4320 Reviews)
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April 24th, 2024
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April 24th, 2024
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April 24th, 2024
This is an excellent resource. I was surprised because the price is so low I thought the products might be inferior. Not only were were the requested documents high quality, additional unrequested documents were added to my order that I didn\'t realize I would need until I read them. I especially appreciate that all the documents were specific to my county. I highly recommend using deeds.com.
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August 5th, 2020
Worked perfect. Thanks.
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Judy F.
December 29th, 2018
I thought your site was focused on my specific county, but it wasn't. Therefore, I did not complete a transaction.
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December 24th, 2018
Very helpful and efficient!
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December 26th, 2020
Easy steps to create an account, will recommend to anyone.
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Cynthia B.
July 21st, 2023
So simple to e-record my two documents. The communication was fast and very helpful. Thank you so much!
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Daniel S.
August 28th, 2019
Fast. Easy. More than I expected. Hope it all works with MD bureaucrats.
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MARIO D S.
March 7th, 2020
Well worth the $20.00 for the Transfer on Death Deed, if you are willing to do the leg work to notarize and record the deed. Money well spent and money well saved. The value is in the short, bullet type instructions and State specific forms and requirements.
Thank you!
Deborah A.
July 26th, 2022
Excellent,
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Lisa C.
October 7th, 2020
Please change on the example for the warranty deed the portion that says Source of Title:
They don't use book and pages anymore They only use recording numbers. Please show an example with that for Maricopa County AZ
Plus your Notary certificates should have a blank part for if it is signed in another state.
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February 24th, 2022
Thank you so much for making the site so easy to use.
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February 14th, 2023
It was quick and easy. A little expensive but convient
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Jana C H.
July 29th, 2019
Form was the one I needed and the instructions along with a sample form was all I needed.
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