Eddy County Transfer of Homestead Affidavit Forms (New Mexico)
Express Checkout
Form Package
Transfer of Homestead Affidavit
State
New Mexico
Area
Eddy County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Eddy 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 Eddy 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 Eddy 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 Eddy 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 Eddy 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 Eddy County that you need to transfer you would only need to order our forms once for all of your properties in Eddy County.
Are these forms guaranteed to be recordable in Eddy County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Eddy 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:
- Eddy County
Including:
- Artesia
- Carlsbad
- Hope
- Lakewood
- Loco Hills
- Loving
- Malaga
- Whites City
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 Eddy 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 Eddy 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 (4323 Reviews)
Barbara A.
April 25th, 2024
Always helpful!\r\n
We are thankful for your continued support and feedback, which inspire us to continuously improve. Thank you..
Mark E.
April 25th, 2024
This was easy to use and only contained one glaring error-where to send the completed form to finish the process. I’ve completed the form, does this mean I get the amended deed sent to me? I think not.
Your insights are invaluable to us and help us strive for better service. Thank you for taking the time to share your thoughts.
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.
A R M.
May 1st, 2021
Great so far. Just downloaded all the documents, and they seem to be easy to save and are fillable.
A R M
Thank you for your feedback. We really appreciate it. Have a great day!
David H.
August 21st, 2019
Rapid, excellent service.
This definitely beats the old way of trying to obtain public documents from LA County.
Great improvement!
Thank you!
Haydee P.
November 15th, 2022
Thanks for advertising the forms and sharing to the public for easy access. I have been looking for a lawyer to process the papers but did not realize that I can do it myself until I googled the information. I found your website. Thanks again
Thank you for your feedback. We really appreciate it. Have a great day!
Carol H.
December 22nd, 2021
Great help
Quite useful
Thank you!
Fred B.
February 8th, 2019
Great service and all seems to be what I was looking for
Thank you Fred, have a great day!
Robert A.
August 5th, 2020
A well constructed site, easy to navigate and a pleasure to use. I'd give it a 10 on 10
Thank you for your feedback. We really appreciate it. Have a great day!
MIchael T.
March 23rd, 2023
very helpful in a trouble free manner.
Thank you!
Dianna K.
August 14th, 2019
Excellent customer service - couldnt have been any more helpful, with a smile I could hear through the phone!
Thank you!
Jonny C.
October 21st, 2020
Easy and fast
Thank you!
Sheila P.
May 17th, 2023
What a great service to provide with excellent directions! At first I thought I would need an attorney, but I walked through the steps and now I have it finished! Saved a ton of money. Thanks Deed.com.
Thank you for your feedback. We really appreciate it. Have a great day!
Stephanie P.
December 9th, 2020
So far Deeds.com has done everything they say they'll do and very promptly.
Thank you for your feedback. We really appreciate it. Have a great day!
Judith F.
May 6th, 2022
The form I needed was perfect!
Thank you!
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.