New Mexico Forms

Guadalupe County Transfer of Homestead Affidavit Form

Guadalupe County Transfer of Homestead Affidavit Form

Guadalupe County Transfer of Homestead Affidavit Form

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

Document Last Validated 6/13/2025
Guadalupe County Transfer of Homestead Affidavit Guide

Guadalupe County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.

Document Last Validated 5/14/2025
Guadalupe County Completed Example of the Transfer of Homestead Affidavit Docuement

Guadalupe County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.

Document Last Validated 2/24/2025

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Guadalupe County Clerk
Address:
1448 Historic Route 66
Santa Rosa, New Mexico 88435

Hours: Call for hours

Phone: (575) 472-3791

Recording Tips for Guadalupe County:
  • Ensure all signatures are in blue or black ink
  • Ask if they accept credit cards - many offices are cash/check only
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Guadalupe County

Properties in any of these areas use Guadalupe County forms:

  • Anton Chico
  • Cuervo
  • La Loma
  • Newkirk
  • Santa Rosa
  • Vaughn

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Guadalupe County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Guadalupe 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 Guadalupe 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 Guadalupe County?

Recording fees in Guadalupe County vary. Contact the recorder's office at (575) 472-3791 for current fees.

Questions answered? Let's get started!

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

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

Our Promise

The documents you receive here will meet, or exceed, the Guadalupe 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 Guadalupe 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.

4.8 out of 5 - ( 4573 Reviews )

Samantha W.

March 5th, 2022

Great place to get the forms you need. The instructions were clear and made it easy to complete. Pricing was great, especially compared to similar providers.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Sidney H.

August 3rd, 2022

Fabulous resource! They provide everything you need at an extremely reasonable price.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Timothy K.

February 23rd, 2019

Great company to work with, quick responses.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Ruth K.

October 11th, 2022

this is the only site that helped me out

Reply from Staff

Thank you!

Scott D.

March 31st, 2025

I am very satisfied with the quality of the product I ordered. I have done similar property transfers/recording in the past on my own but paying for the forms and guidance is well worth it. The AI question area is extremely helpful. The example for the forms is perfect (as it has to be). I will absolutely use Deeds.com in the future for any related property needs. A+

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Michelle I.

April 19th, 2022

I'm happy to have found your service. Very pleased.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

Jeff R.

December 4th, 2020

Great company. I had some issues with what I had prepared on my end but my contact at Deeds.com helped me with modifying the documents and submitted them successfully. Thanks for going the extra mile

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Lori F.

July 16th, 2020

These folks are so amazing! They were very kind, patient and the communication was above and beyond. Basically, THEY ROCK!

Reply from Staff

Thank you!

Laura J.

April 6th, 2021

Very satisfied. Highly recommend!

Reply from Staff

Thank you!

Larry S.

February 25th, 2023

I think it needs to be easier to enlarge print to fit an 8&quot;x12&quot; sheet of paper. Printing off samples is difficult to read as it is too small

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Danny H.

May 15th, 2020

You should list the address of where to mail the forms, so we don't have to look it up. It would make things a little easier.Thanks.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Susan S.

May 19th, 2020

Ordered the forms, completed them, had them notarized, then erecorded all in under 2 hours. Would have been faster but had to wait for the bank to open for notary. Might try the online notary next time. Fantastic experience.

Reply from Staff

We appreciate your business and value your feedback. Thank you. Have a wonderful day!

roby m.

March 16th, 2021

I found exactly what I needed and the download system allowed me to use the files immediately. Will use the service again.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

Reitman R.

November 15th, 2020

Ordering, payment, and downloads went without a hitch. I appreciated the guide and examples. Than k you for hosting a good, working site.

Reply from Staff

Thank you for your feedback. We really appreciate it. Have a great day!

chris h.

March 30th, 2021

so far so good

Reply from Staff

Thank you!