Mckinley County Transfer of Homestead Affidavit Form

Mckinley County Transfer of Homestead Affidavit Form
Fill in the blank form formatted to comply with all recording and content requirements.

Mckinley County Transfer of Homestead Affidavit Guide
Line by line guide explaining every blank on the form.

Mckinley County Completed Example of the Transfer of Homestead Affidavit Docuement
Example of a properly completed form for reference.
All 3 documents above included • One-time purchase • No recurring fees
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Additional New Mexico and Mckinley County documents included at no extra charge:
Where to Record Your Documents
McKinley County Clerk
Gallup, New Mexico 87301
Hours: 8:30 to 4:00 M-F
Phone: (505) 863-6866
Recording Tips for Mckinley County:
- Verify all names are spelled correctly before recording
- Leave recording info boxes blank - the office fills these
- Check margin requirements - usually 1-2 inches at top
- Make copies of your documents before recording - keep originals safe
- If mailing documents, use certified mail with return receipt
Cities and Jurisdictions in Mckinley County
Properties in any of these areas use Mckinley County forms:
- Brimhall
- Church Rock
- Continental Divide
- Crownpoint
- Fort Wingate
- Gallup
- Gamerco
- Jamestown
- Mentmore
- Mexican Springs
- Navajo
- Prewitt
- Ramah
- Rehoboth
- Smith Lake
- Thoreau
- Tohatchi
- Vanderwagen
- Yatahey
- Zuni
Hours, fees, requirements, and more for Mckinley County
How do I get my forms?
Forms are available for immediate download after payment. The Mckinley 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 Mckinley County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Mckinley 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 Mckinley 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 Mckinley County?
Recording fees in Mckinley County vary. Contact the recorder's office at (505) 863-6866 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 Mckinley County to use these forms. Documents should be recorded at the office below.
This Transfer of Homestead Affidavit meets all recording requirements specific to Mckinley County.
Our Promise
The documents you receive here will meet, or exceed, the Mckinley 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
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