De Baca County Transfer of Homestead Affidavit Form (New Mexico)
All De Baca 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 De Baca County compliant document last validated/updated 7/23/2024
Transfer of Homestead Affidavit Guide
Line by line guide explaining every blank on the form.
Included De Baca County compliant document last validated/updated 10/29/2024
Completed Example of the Transfer of Homestead Affidavit Docuement
Example of a properly completed form for reference.
Included De Baca County compliant document last validated/updated 10/11/2024
The following New Mexico and De Baca County supplemental forms are included as a courtesy with your order:
When using these Transfer of Homestead Affidavit forms, the subject real estate must be physically located in De Baca County. The executed documents should then be recorded in the following office:
De Baca County Clerk
248 East Ave C / PO Box 347, Fort Sumner, New Mexico 88119
Hours: 8:00am to 12:00 & 1:00 to 4:30pm M-F
Phone: (575) 355-2601
Local jurisdictions located in De Baca County include:
- Fort Sumner
- Taiban
- Yeso
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 De Baca 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 De Baca County using our eRecording service.
Are these forms guaranteed to be recordable in De Baca County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by De Baca 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 De Baca County that you need to transfer you would only need to order our forms once for all of your properties in De Baca County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or De Baca 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 De Baca 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 De Baca 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 De Baca 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 - ( 4420 Reviews )
Jimmy W.
November 1st, 2024
Very thorough with plenty of instructions. Nice to be able to fill in the forms on my computer at my own pace and edit if needed. Jim
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
RUTH A.
October 25th, 2024
I am so very thankful for the service that you provide for the public, thank you very much.
We deeply appreciate the trust you have placed in our services. Thank you for your valuable feedback and for choosing us.
Nancy R.
October 25th, 2024
Deeds.com is very precise, helpful and friendly. I found the form I needed without any effort and everything worked perfect and smooth. I recommend it 100%. rnThank you.
We are delighted to have been of service. Thank you for the positive review!
Susan Z.
February 1st, 2019
Helpful website. Couldn't use the forms for my situation and area
Thank you for your feedback Susan. We don't want you to have to pay for something you didn't use, we've gone ahead and canceled your order and payment. Have a great day!
Kenneth H.
January 9th, 2020
Easy download, informative examples. Very good experience.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
William S.
September 25th, 2020
Love the ability to e-record a single document as a private citizen. Other companies only want to do business with large volume filers like title companies and attorneys. e-recording was super easy and so efficient. Got confirmation of recording from county clerk less than one hour after submission.
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
kathy d.
March 20th, 2019
very easy make sense instructions. Thank you.
Thank you for your feedback Kathy. Have an amazing day!
Patsy B.
February 19th, 2020
This website is very user friendly. I easily found the form I needed and was given an example for filling it out. Highly recommend this website!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Jennifer M P.
December 14th, 2022
Locating the deed I needed was not too hard. I love that you can download and complete it on your time frame.
Thank you!
Patricia W.
September 12th, 2020
Had to have help because unable to put phone number in your format. Daughter figured a way around the problem. I am 80 years old but capable of filling out simple forms but not when the format creates problems.
Thank you for your feedback. We really appreciate it. Have a great day!
Amy S.
May 4th, 2023
Fast and easy access.
Thank you!
Cynthia B.
July 21st, 2023
So simple to e-record my two documents. The communication was fast and very helpful. Thank you so much!
Thank you for your feedback. We really appreciate it. Have a great day!
Anne H.
July 25th, 2024
After some initial general confusion -- (we sold a small piece of land privately and therefore do not typically prepare such documentation (!)) -- we were able to purchase and download all forms from Deeds.com and understand how to complete it/them. The help is all there, we just needed to read and study it - the "Example" helped alot. We were able to complete the Document per your online form(s) and then take it to be signed/notarized - and take the completed paper document to the Registry -- and it is now all registered and we are All Set. rn Took the morning (only). THANK YOU. A wonderful tool!!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
BRIAN B.
August 17th, 2020
This site makes filing documents so easy and effortless. The response time is phenomenally fast, which saves time and frustration.
Thank you!
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Karen C.
July 28th, 2022
Easily find and print forms necessary for peace of mind.
Thank you for your feedback. We really appreciate it. Have a great day!