Eddy County Transfer of Homestead Affidavit Form (New Mexico)

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

Transfer of Homestead Affidavit Form

Eddy County Transfer of Homestead Affidavit Form

Fill in the blank form formatted to comply with all recording and content requirements.
Included Eddy County compliant document last validated/updated 7/23/2024

Transfer of Homestead Affidavit Guide

Eddy County Transfer of Homestead Affidavit Guide

Line by line guide explaining every blank on the form.
Included Eddy County compliant document last validated/updated 10/29/2024

Completed Example of the Transfer of Homestead Affidavit Docuement

Eddy County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.
Included Eddy County compliant document last validated/updated 10/11/2024

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

Eddy County Clerk

County Admin Complex - 325 S Main St, Carlsbad, New Mexico 88220

Hours: 8:00 to 5:00 Mon-Fri

Phone: 575-885-3383

Artesia Sub Office

602 S First St, Artesia, New Mexico 88210

Hours: Mon, Tue, Thu, Fri 8:00 to 12:00; Wed 1:00 to 5:00

Phone: 575-746-2541

Local jurisdictions located in Eddy County include:

  • Artesia
  • Carlsbad
  • Hope
  • Lakewood
  • Loco Hills
  • Loving
  • Malaga
  • Whites City

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 Eddy 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 Eddy County using our eRecording service.
Are these forms guaranteed to be recordable in Eddy County?

Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Eddy 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 Eddy County that you need to transfer you would only need to order our forms once for all of your properties in Eddy County.

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Eddy 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 Eddy 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 Eddy 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 Eddy 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 - ( 4434 Reviews )

James S.

November 21st, 2024

Forms used, created quitclaim deed that the county accepted without a second look (turns out they see deeds.com forms regularly via erecording and in person). Will be back for any real estate related forms I need and they carry. Will always be my first stop. Also, will use erecording next time, mad I didn&#039;t see it this time.

Reply from Staff

Thanks for the kind words James, glad we could help. Look forward to seeing you again.

Thomas G.

November 21st, 2024

Wasn’t what I expected

Reply from Staff

Sorry to hear that your expectations were missed. Your order has been canceled. We do hope that you find something more suitable to your expectations elsewhere. Do keep in mind that purchasing legal forms should not be an exploratory endeavor.

Jimmy P.

November 20th, 2024

They sent me everything I would need to do this. Easy purchase -Easy download. Great!! I'll be back here for all my document needs.

Reply from Staff

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Eric G.

October 22nd, 2021

Need to offer option to download ALL forms as a single (bookmarked) PDF, rather than as separates... Quite inefficient as is.

Reply from Staff

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Robert T.

January 2nd, 2019

Perfect. Downloaded the forms with no issues, filled them out, had them notarized and recorded all in just a few hours (most of that time was spent at the recorder's office). Highly recommend.

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Sandra C.

December 30th, 2020

Quick and easy. Would recommend this site to everyone. Deed was sent to the site and recorded at my local county within 24 hours. Website could be set up better. Not labeled well for us that is not computer savvy.

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Sylvia O.

April 27th, 2023

Very efficient, and the samples and instructions are very easy to follow.
Thank you Deeds.com

Reply from Staff

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Lisa H.

May 27th, 2020

I needed a copy of a deed for a client and wanted to be sure I had the most recent one. I used Deeds.com and had it along with detailed property information within minutes at a very reasonable price. I am very pleased.

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Deborah B.

February 18th, 2019

EVERYTHING WENT WELL, HAD NO PROBLEMS DOWNLOADING MY FORMS. THE ORDER QUICK AND EASY. THANKS IF I EVER NEED AND OF THESES FORMS AGAIN I WILL BE BACK.

Reply from Staff

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David L.

January 13th, 2021

Deeds.com makes recording quick and easier than driving a half an hour each way and needing to leave home! The fees are reasonable for the convenience, and while Covid is closing doors. Dave

Reply from Staff

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Nathan M.

April 6th, 2020

It had the info, but when I would type into the document the items I needed in adobe all that would print out was the info I typed and none of the document information.

Reply from Staff

Thank you!

Shane T.

March 7th, 2020

The Transfer on Death Deed form package was very good. But like anything, could use some improvements.

There is not enough space to fill more than one beneficiary with any level of additional detail like &quot;as his sole and separate property&quot;

The area for the legal description could be a bit bigger and potentially fit many legal descriptions. Or it could be made to simply say &quot;See Exhibit A&quot; as is likely necessary for most anyway.

The guide should indicate what &quot;homestead property&quot; means so the user doesn't have to research the legal definition. (which turns out to be obvious, at least in my state, if you live there, it's your homestead.)

It would be helpful if an &quot;Affidavit of Death&quot; form were included in the package for instances where the current deed hasn't been updated to reflect a widowed owner as the sole owner before recording with only the one signature.

Reply from Staff

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

Nello P.

January 4th, 2021

very satisfied, useful, and of great assistance

Reply from Staff

Thank you!

Matthew D.

February 16th, 2019

Fantastic forms easy process couldn't be happier! Thanks

Reply from Staff

Thank you Matthew!

Dana L.

January 29th, 2021

So far, so good! Love you guys!

Reply from Staff

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