Quay County Transfer of Homestead Affidavit Form

Last validated April 13, 2026 by our Forms Development Team

Quay County Transfer of Homestead Affidavit Form

Quay County Transfer of Homestead Affidavit Form

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

Document Last Validated 4/8/2026
Quay County Transfer of Homestead Affidavit Guide

Quay County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.

Document Last Validated 4/9/2026
Quay County Completed Example of the Transfer of Homestead Affidavit Docuement

Quay County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.

Document Last Validated 4/13/2026

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

Immediate Download • Secure Checkout

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

Where to Record Your Documents

Quay County Clerk

Address:
300 South Third St / PO Box 1225
Tucumcari, New Mexico 88401

Hours: 8:00am - 12:00 & 1:00 - 5:00pm M-F

Phone: (575) 461-0510

Recording Tips for Quay County:
  • Make copies of your documents before recording - keep originals safe
  • Request a receipt showing your recording numbers
  • Bring extra funds - fees can vary by document type and page count

Cities and Jurisdictions in Quay County

Properties in any of these areas use Quay County forms:

  • Bard
  • House
  • Logan
  • Mcalister
  • Nara Visa
  • Quay
  • San Jon
  • Tucumcari

View Complete Recorder Office Guide

Hours, fees, requirements, and more for Quay County

How do I get my forms?

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

Yes. Our form blanks are guaranteed to meet or exceed the applicable formatting requirements used for recording in Quay County, including margin requirements, font requirements, and other layout standards. This guarantee applies to formatting, not to the legal sufficiency of information entered by the user or the suitability of a form for a particular transaction.

Can I reuse these forms?

Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Quay 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 Quay County?

Recording fees in Quay County vary. Contact the recorder's office at (575) 461-0510 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 Quay County to use these forms. Documents should be recorded at the office below.

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

Our Promise

The documents you receive here are guaranteed to meet or exceed the applicable Quay County recording format requirements. If there is a rejection caused by our formatting, we will correct the issue or refund your payment. This guarantee applies to document formatting only and does not extend to information entered by the user, the selection of the form, or the legal effect of the completed document.

Save Time and Money

Get your Quay 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 - ( 4693 Reviews )

Cynthia (Cindy) R.

August 24th, 2020

This has been the most seamless process I have ever experienced. Thank you for addressing my needs so quickly and professionally.

Reply from Staff

Thank you!

Brenda Y.

January 14th, 2020

Five stars rating for sure. All so easy to download and print from your home computer. I live in rural Arizona and have no store to run in to like the lady at the County office told me, so Deeds.com is the best. Brenda Y.

Reply from Staff

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

RAUL G.

October 14th, 2019

Very pleased with the service, easy to download and print

Reply from Staff

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

Ann H.

May 24th, 2020

Excellent program, easy to access and download.

Reply from Staff

Thank you!

David Y.

March 10th, 2020

Really great forms. Did the quitclaim, everything was perfect, recorded with no problems at all. Thanks!

Reply from Staff

Thank you!

Conrad N.

November 1st, 2021

It worked well for me.

Reply from Staff

Thank you!

Jennifer B.

February 8th, 2019

I didn't care for it because I was having to do other things in between filling it out and all of a sudden it would not allow me back in it to make changes. Luckily I had saved it and then had to do FILL/SIGN option which looks ugly but that was the only way I could add what I needed.

Reply from Staff

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

Daphne M.

March 19th, 2023

As always I found Deeds.com to be excellent. Every item required on the forms I chose was explained completely. The fact that documents are available from so many states is amazing. Daphne M.

Reply from Staff

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

Kay C.

December 22nd, 2021

Thank you for your patience and help with filing the documents needed. You were helpful, prompt, courteous.

Reply from Staff

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

John L.

April 22nd, 2023

WOW, This site saved me from going to a lawyer. Not only do they give you great directions, they also include a sample that is extremely helpful.

Reply from Staff

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

Brian T.

June 16th, 2022

Great to find this makes for easy work when you need to secure your ownership of a property!!Thanks guys Brian the Mann

Reply from Staff

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

Monica M.

September 15th, 2020

I was very impressed with the quick responses I received from my questions. Usually when forced to communicate via email, responses aren't received right away. Thank you for being on top of things.

Reply from Staff

Thank you!

Wayne R.

February 22nd, 2021

Couldn't believe how simple it was to do such a very important family support task and the price was right! Thank you

Reply from Staff

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

Daniel B.

December 24th, 2024

easy to use and upload.

Reply from Staff

We are delighted to have been of service. Thank you for the positive review!

Hilda R.

January 16th, 2019

It very convenient and fast. Thank you Hilda Reyes

Reply from Staff

Thanks so much Hilda, have a great day!