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Warranty Deed from Husband to Himself and Wife - New Mexico

Warranty Deed from Husband to Himself and Wife - New Mexico 2025

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This document is a Warranty Deed in which a Grantor transfers property to a Husband and Wife as joint tenants with rights of survivorship. It outlines the legal description of the property, acknowledges the receipt of consideration, and includes covenants regarding the title and encumbrances. Additionally, it contains provisions for tax responsibilities and an optional community property agreement for survivorship rights.

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Click ‘Get Form’ to open it in the editor.
Begin by entering the Grantor's name, firm/company, address, and contact information in the designated fields at the top of the form.
In the section labeled 'KNOW ALL MEN BY THESE PRESENTS THAT', fill in the Grantor's name and then specify the names of both Grantees (Husband and Wife).
Provide a legal description of the property being transferred. This may be attached as Exhibit A; ensure it is referenced correctly.
Indicate any prior instrument reference details, including book, page, and document number if applicable.
Complete the section regarding taxes for the tax year by selecting how they will be prorated or paid between Grantor and Grantees.
Sign and date the document where indicated. Ensure that both parties acknowledge their signatures before a notary public.

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Got questions?

We have answers to the most popular questions from our customers. If you can't find an answer to your question, please contact us.

When a husband dies, what is the wife entitled to in New Mexico?

Family Allowance Probate Laws The family allowance provides up to $30,000 of the decedents estate (NM Statutes 45-2-402) to the surviving spouse. If there is no surviving spouse, then the $30,000 will be divided evenly amongst any minor, dependent children.

What are the disadvantages of a warranty deed?

Disadvantages of Warranty Deeds Title companies will research the chain of deeds, past court judgments, and unpaid taxes before green-lighting the transfer. The grantor also remains on the hook long after the sale. If a forgotten lien surfaces, the buyer can pull the grantor into court for damages and legal fees.

Why would someone need a warranty deed?

No, a warranty deed does not prove ownership. A title search is the best way to prove that a grantor rightfully owns a property. The warranty deed is a legal document that offers the buyer protection. In other words, the property title and warranty deed work in tandem together.

What is a warranty deed in NM?

The Warranty Deed plays a crucial role in real estate transactions. It signifies the legal transfer of property ownership from the seller to the buyer. Unlike other types of deeds, it guarantees that the property title is clear, which means its free from any legal claims or encumbrances, ensuring a smooth transaction.

Can my wife take my house if I bought it before marriage in New Mexico?

Property owned by either spouse before marriage or acquired after marriage by gift, bequest, devise or descent, with the rents, issues and profits, is the separate property of that spouse. All other property acquired by either husband or wife or both after marriage is community property.

What is a warranty deed in New Mexico?

New Mexico Deeds The warranty deed provides general warranty covenants as defined by state statute (Section 47-1-37 NMSA 1978) and is acceptable and customary for all commercial and residential transactions. The special warranty deed provides extremely limited warranty covenants.

Warranty Deed from Husband to Himself and Wife - New Mexico 2025

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