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
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
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
Example of a properly completed form for reference.
Included Eddy County compliant document last validated/updated 10/11/2024
The following New Mexico and Eddy 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 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 - ( 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!
Bradley B.
May 3rd, 2021
Just as advertised.
Thank you for your feedback. We really appreciate it. Have a great day!
Melody P.
March 26th, 2021
Great service continues! Thanks again!
Thank you!
Melody P.
February 23rd, 2021
Thanks again for such excellent service, and always a pleasure!
Thank you!
Thomas W.
February 9th, 2021
Found what I needed, thanks.
Thank you!
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
We appreciate your business and value your feedback. Thank you. Have a wonderful day!
Leslie S.
July 29th, 2020
After over a month of turmoil and feeling like "you can't get there from here",you solved my problem in a little over an hour. Thank you!!
Thank you for your feedback. We really appreciate it. Have a great day!
Fred A.
April 15th, 2019
Very nice forms offer, very thoughtful to include other related forms that may be necessary. The site was easy to use, and very fast. Thank You.
Thank you!
Karla L.
September 4th, 2019
Perfect! Recorded my completed deed today with no problems.
Thank you!
John M.
March 19th, 2024
Amazing customer service, I greatly appreciate their help and understanding. Will always come back to this site for form needs.
Your feedback is greatly appreciated. Thank you for taking the time to share your experience!
Pamela D K.
August 5th, 2020
very helpful. Was unable to find what I needed, but did everything they could to help.
Will try them again in the future, if need be.
Thank you for your feedback. We really appreciate it. Have a great day!
Pamela G.
November 18th, 2020
I have an apple phone. I could not fill in the form to pay because apple phones do not have a dash that can be used when the field requires a phone number with a dash. I had to borrow an android phone in which the telephone keypad had a dash that could be used. It was easy to pay using an android phone but impossible to pay using an apple phone. Remove the requirement for dashes to allow apple phones to use this service.
Thank you!
Ping O.
September 5th, 2019
Thank you for making this easy!
Thank you!