Luna County Transfer of Homestead Affidavit Form (New Mexico)

All Luna County specific forms and documents listed below are included in your immediate download package:

Transfer of Homestead Affidavit Form

Luna County Transfer of Homestead Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Luna County compliant document last validated/updated 5/8/2024

Transfer of Homestead Affidavit Guide

Luna County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.
Included Luna County compliant document last validated/updated 12/29/2023

Completed Example of the Transfer of Homestead Affidavit Docuement

Luna County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.
Included Luna County compliant document last validated/updated 5/13/2024

When using these Transfer of Homestead Affidavit forms, the subject real estate must be physically located in Luna County. The executed documents should then be recorded in the following office:

Luna County Clerk

700 South Silver / PO Box 1838, Deming, New Mexico 88031

Hours: 8:00 to 4:30 Monday through Friday

Phone: (575) 546-0491

Local jurisdictions located in Luna County include:

  • Columbus
  • Deming

How long does it take to get my forms?

Forms are available immediately after submitting payment.

How do I get my forms, are they emailed?

Immediately after you submit payment, the Luna 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 provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.

What does "validated/updated" mean?

This indicates the most recent date when at least one of the following occurred:

  • Updated: The document was updated or changed to remain compliant.
  • Validated: The document was examined by an attorney or staff, or it was successfully recorded in Luna County using our eRecording service.
Are these forms guaranteed to be recordable in Luna County?

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

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 Luna County that you need to transfer you would only need to order our forms once for all of your properties in Luna County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Luna 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.

What type of files are the forms?

All of our Luna 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.

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.

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.

Are there any recurring fees involved?

No. Nothing to cancel, no memberships, no recurring fees.

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 Luna 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 Luna 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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June 30th, 2024

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August 8th, 2019

I'm transferring a property into a trust and ordered the QuitClaim Deed. Everything was pretty straight forward and user friendly. However, the Additional Information/Instructions for the Preliminary Change of Ownership Report skips from Section &quot;I&quot; to &quot;M&quot; and does not address &quot;K&quot;. It would have been very helpful to have an explanation of the difference between the three options in that section. Thank you.

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January 23rd, 2021

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December 29th, 2018

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July 9th, 2020

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February 10th, 2020

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January 8th, 2021

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September 15th, 2020

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