Hidalgo County Transfer of Homestead Affidavit Form (New Mexico)

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

Transfer of Homestead Affidavit Form

Hidalgo County Transfer of Homestead Affidavit Form

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

Transfer of Homestead Affidavit Guide

Hidalgo County Transfer of Homestead Affidavit Guide

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

Completed Example of the Transfer of Homestead Affidavit Docuement

Hidalgo County Completed Example of the Transfer of Homestead Affidavit Docuement

Example of a properly completed form for reference.
Included Hidalgo 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 Hidalgo County. The executed documents should then be recorded in the following office:

Hidalgo County Clerk

Courthouse - 300 S Shakespeare St, Lordsburg, New Mexico 88045

Hours: 9:00 to 5:00 M-F

Phone: (575) 542-9213

Local jurisdictions located in Hidalgo County include:

  • Animas
  • Lordsburg
  • Playas
  • Rodeo

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or Hidalgo 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 Hidalgo 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 Hidalgo 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 Hidalgo 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.

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Michael R.

April 11th, 2023

This process was so easy.

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Andre W.

May 20th, 2020

I was truly impress with the customer service. The young lady that assisted me was AWESOME. She was very professional,patienc was extraordinary and very knowledgable. Thank you thank you

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Kaleigh S.

April 8th, 2020

I used Deeds.com to record two judgments with the County Recorder's Office. The site was very easy to use and I had my recorded copies back the very next day. I highly recommend their service!

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ruth l.

January 6th, 2021

I found this sight very helpful. All the information that one needs to file a quit claim deed. thank you so much.

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ROBERT H.

January 11th, 2019

No review provided.

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May 5th, 2021

I love this tool and it is easy to work with. The interface is straight forward and notifications are consistently accurate.

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February 2nd, 2022

This was a wonderful experience, easy fast and convenient.
Thank you for all your help.

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Edward S.

November 9th, 2021

Easy to use and comprehensive in content. Would recommend to anyone that is looking for a cheaper alternative to a lawyer. (They hate services that cut into their business)

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Mohamed ali H.

December 21st, 2020

My experience on this website has been amazing and the process was very easy to understand and I was able to get my document filed within 3-4 hours. I plan to use this service in the future if I need to. Thank you for your excellent service!

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Caroline E.

February 14th, 2021

VERY easy to register, to request relevant deeds that apply to your own county/state, and to download. And bonus - you get instructional materials too! Highly recommend! Thank you!

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Todd W.

September 3rd, 2020

Communication is hard. The reps need to be empowered and encouraged to call the customers when necessary. They encourage 300 dpi resolution and under 2 MB PDF file, which is not even possible with our scanner. They made a vague comment about a legal description looking abbreviated but did not explain. They refused to call me. They said the county said &quot;Image is light please darken&quot;, but the image looked fine to me. Maybe not their fault, but they refused to help work with the county on that for me. I followed their suggestion though and re-scanned at 300 dpi, but they misunderstood me and did not re-submit it right away. Over 48 hours later, it's still not recorded yet. I hope it will be today.

Reply from Staff

Thank you for your feedback Todd.

James H.

January 14th, 2020

Very satisfied. Download was easy, completing the form was easy, got our signatures notarized and submitted it to the register of deeds.
The only item was that the register of deeds did not immediately recognize the TOD deed form as the usual form they receive. After carefully reviewing all the information and wording on the deed she accepted it.

Reply from Staff

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