Curry County Transfer of Homestead Affidavit Forms (New Mexico)
Express Checkout
Form Package
Transfer of Homestead Affidavit
State
New Mexico
Area
Curry County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Curry 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 Curry 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 Curry 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 Curry 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 Curry 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 Curry County that you need to transfer you would only need to order our forms once for all of your properties in Curry County.
Are these forms guaranteed to be recordable in Curry County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Curry 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:
- Curry County
Including:
- Broadview
- Cannon Afb
- Clovis
- Grady
- Melrose
- Saint Vrain
- Texico
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 Curry 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 Curry 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.
Reviews
4.8 out of 5 (4321 Reviews)
Mitchell S.
April 25th, 2024
This service was very helpful, quick, inexpensive and easy to use. Should I ever need it again, I know right where to go.
We are sincerely grateful for your feedback and are committed to providing the highest quality service. Thank you for your trust in us.
Lorie S.
April 24th, 2024
It was available to download immediately
Thank you!
TIFFANY B.
April 24th, 2024
THIS SERVICE IS AMAZING! IT SAVES ME SO MUCH TIME!
We are grateful for your engagement and feedback, which help us to serve you better. Thank you for being an integral part of our community.
Carol W.
September 6th, 2020
The guide and example provided made it so easy to complete the form. All was in order when I took it to the Register of Deeds. No hassles at all! Thanks.
Thank you for your feedback. We really appreciate it. Have a great day!
Sharon B.
February 19th, 2021
Awesome and so easy Thanks
Thank you!
Kelly W.
March 26th, 2020
Great resource! Wish you could expand to more than just deeds, but then you would have to rename it. :)
Thanks!
Kelly
Thank you!
Debby R.
July 6th, 2021
Very easy to use
Thank you!
Jorge O.
June 11th, 2019
Everything work excellent. Don't think any update is needed at this time. Thank you
Thank you!
Jamie F.
March 13th, 2020
Your service was very helpful as we were able to obtain a form for another state for our client.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Robert T.
June 10th, 2021
Thanks to Deeds.com, our law office was able to get the deed of trust filed without having to run around town wasting gas and they were very efficient and quick with getting it done in a timely manner.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Hayley C.
November 19th, 2020
Love this site, so easy to work with and customer service is amazing.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Donna C.
June 24th, 2021
I was very impressed with the system. Easy to navigate. Took less than 15 minutes to get what I needed.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Kay M.
August 27th, 2020
Worked great. Not being real tech savey was no problem.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
richard z.
April 27th, 2022
Great service they had what i need easy to use on printing as soon as you pay you can print also as many copys as you need. i would use this service again
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Nicole M.
June 3rd, 2020
This is my very first use with your company. I submitted my package and within the hour you had responded with an Invoice for me to pay so you could proceed with my recording. So far I am very impressed! Thank you.
Thank you for your feedback. We really appreciate it. Have a great day!
Legal Forms Disclaimer
Use of Deeds.com Legal Forms:On our Site, we provide self-help "Do It Yourself Legal Forms." By using a form from our Site, you explicitly agree to our Terms of Use. You acknowledge and agree that your purchase and/or use of a form document does not constitute legal advice nor the practice of law. Furthermore, each form, including any related instructions or guidance, is not tailored to your specific requirements and is not guaranteed or warranted to be up-to-date, accurate, or applicable to your individual circumstances.
NO WARRANTY:The Do It Yourself Legal Forms provided on our Website are not guaranteed to be usable, accurate, up-to-date, or suitable for any legal purpose. Any use of a Do It Yourself Legal Form from our website is undertaken AT YOUR OWN RISK.
Limitation of Liability:If you use a Do It Yourself Legal Form available on Deeds.com, you acknowledge and agree that, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE LEGAL FORMS OR FOR ANY INFORMATION OR SERVICES PROVIDED TO YOU THROUGH THE DEEDS.COM WEBSITE.
Damage Cap:In circumstances where the above limitation of liability is prohibited, OUR SOLE OBLIGATION TO YOU FOR DAMAGES SHALL BE CAPPED AT $100.00.