San Juan County Transfer of Homestead Affidavit Form (New Mexico)

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

Transfer of Homestead Affidavit Form

San Juan County Transfer of Homestead Affidavit Form

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

Transfer of Homestead Affidavit Guide

San Juan County Transfer of Homestead Affidavit Guide

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

Completed Example of the Transfer of Homestead Affidavit Docuement

San Juan County Completed Example of the Transfer of Homestead Affidavit Docuement

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

San Juan County Clerk

100 South Oliver Dr, Suite 200 / PO Box 550, Aztec, New Mexico 87410

Hours: 7:00 am - 5:00 pm Monday - Friday

Phone: (505) 334-9471

Local jurisdictions located in San Juan County include:

  • Aztec
  • Blanco
  • Bloomfield
  • Farmington
  • Flora Vista
  • Fruitland
  • Kirtland
  • La Plata
  • Nageezi
  • Navajo Dam
  • Newcomb
  • Sanostee
  • Sheep Springs
  • Shiprock
  • Waterflow

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

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

What are supplemental forms?

Often when a deed is recorded, additional documents are required by New Mexico or San Juan 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 San Juan 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 San Juan 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 San Juan 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

Reply from Staff

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.

Reply from Staff

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.

Reply from Staff

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

Marilyn W.

April 25th, 2022

The Mineral Deed transfer form was pretty good. Could have used more info in the guide about where to find legal property descriptions and source of title. Also more space on the pdf for entering return addresses - there was room for only one; I needed three. I will be sending the form to the County Courthouse soon. I hope it works.

Reply from Staff

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

James V.

July 9th, 2020

Easy, quick and very proficient. I am glad I used Deeds.

Reply from Staff

Thank you!

Gloria L.

June 18th, 2022

Quick and simple process! I wish I would have used them sooner!

Reply from Staff

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

Taylor Z.

January 1st, 2021

I was frustrated by Orange County and all the other options they gave me to submit my paperwork. Deeds.com was the easiest to sign up for and I was impressed with how smoothly everything went. The price is well worth the convenience.

Reply from Staff

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

Michael W.

November 16th, 2021

So far the web site and the tools are a pleasure to use. The price is reasonable. If only getting rid of this timeshare in Mashpee Massachusetts (that I have owned for over thirty years) was this easy.

Reply from Staff

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

Christine L.

May 17th, 2020

I was very pleased with your service. You got me the information I required within one day. Thank you!

Reply from Staff

Thank you!

Nicole P.

February 13th, 2021

The forms are great. I kinda expected the guide to be bigger, maybe have some more information. Overall I'm satisfied thus far.

Reply from Staff

Thank you!

Jeremiah W.

August 2nd, 2020

Very helpful information and great forms.

Reply from Staff

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

Eleanor E.

September 20th, 2019

Not knowing I could down load these forms, I first went to the local recording office thinking I could get info on the forms I needed. I was told that obviously you dont know what you are doing so find someone who does. This snippy clerk obviously didnt know the forms were accessible on line; either that or she was needing to feel her phony superiority.

Reply from Staff

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

Peter W.

February 28th, 2019

Thanks worked out great

Reply from Staff

Thank you for the follow up Peter. Have a great day!

constance t.

December 30th, 2019

Excellent service!

Reply from Staff

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

Joseph L.

February 11th, 2019

Very easy to fill out and and saved a lot of extra cost by doing it ourselves and getting it notarized.

Reply from Staff

Thank you Joseph, we really appreciate your feedback.