Union County Transfer of Homestead Affidavit Form (New Mexico)
All Union 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 Union 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 Union 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 Union County compliant document last validated/updated 10/11/2024
The following New Mexico and Union 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 Union County. The executed documents should then be recorded in the following office:
Union County Clerk
200 Court St / PO Box 430, Clayton, New Mexico 88415
Hours: Call for hours
Phone: (575) 374-9491
Local jurisdictions located in Union County include:
- Amistad
- Capulin
- Clayton
- Des Moines
- Folsom
- Gladstone
- Grenville
- Sedan
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 Union 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 Union County using our eRecording service.
Are these forms guaranteed to be recordable in Union County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Union 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 Union County that you need to transfer you would only need to order our forms once for all of your properties in Union County.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by New Mexico or Union 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 Union 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 Union 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 Union 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't see it this time.
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
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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Charles G.
June 22nd, 2022
I downloaded your Transfer on Death Deed Forms on Monday and registered the deed on Wednesday. Thank you.
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Kim C.
October 5th, 2020
Very user-friendly and easy to obtain exactly what I needed. I am impressed by the sample forms as well. I will definitely be using Deeds.com again!!
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Doris I.
June 7th, 2019
My grandaughter in law got the info for me and it looks very help ul nThanks Doris
Thank you!
Julie C.
July 21st, 2020
The process worked great! It's a great solution for recording documents at the county during the pandemic and in the future if you don't want to leave home!!
Thank you!
Peggy G.
May 19th, 2019
This is an easy document to complete and file. Thank you for having the completed sample for review.
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Sandra R.
June 2nd, 2023
This site was easy to use for access to State forms for filing in Montmorency County clerks office. Not only did I find claim form but a sample claim was available for assisting on how to complete your form correctly. Found this so very useful for us (public resident) to fill in the form as a .PDF file that prints out typed form - rather than handwritten entries. There is a fee but your access is always available on internet to this site in the future. Saved me time using this site and My filed form looks professional. You have access to several other forms if needed.
Thank you for the kind words Sandra, we appreciate you. Glad we could help!
kevin d.
April 19th, 2022
the quitclaim form worked well with the Nevada Recorders office. Tried other vendors, theirs were rejected.
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Joseph W.
March 11th, 2021
good place to get documents and it seems like a sound place to get forms. Self explainitory and helpful
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Barbara A.
April 25th, 2024
Always helpful!rn
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Scott R.
September 22nd, 2020
Thanks that was great.
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Lisa J.
April 16th, 2021
I ordered a Lis Pendens form and it was exactly what I needed. Saved me a lot of time since I am self representing. Already filed it at courthouse! No problem!
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linda l.
August 10th, 2020
I was very impressed with the Mineral Deed form, especially with the instructions to fill it out AND a copy of a completed for to compare against. This definitely saved me money for an attorney.
The one thing I don't understand, though, is why I could not save the completed Deed to my hard drive. I did have to change a few things after the fact and I had to re-type the entire page to make the corrections.
If not for this, I would definitely rate the forms and instructions as a 5 star.
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