[NM] How do I change the name on a deed after marriage?
Which is the correct form to use changing the names on a deed after marriage in New Mexico?
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Since you and your wife are already on the deed and you’re just updating her name, the process will involve creating and recording a new deed. It transfers the property from the current names (including her maiden name) to the new names (including her married name).
For simply updating a name, a quitclaim deed is commonly used (NMSA § 47-1-30). It essentially says: “I’m transferring whatever ownership I have in this property to the new name.” That’s usually sufficient when ownership isn’t changing, just the name.
Steps:
- Prepare a new deed with the legal description of the property, the current names, and the updated names.
- Both you and your wife sign it.
- Have it notarized.
- Record it with the county clerk’s office in the county where the property is located.
Recording is important because it updates the public record. The type of title you hold (joint tenants, community property, etc.) doesn’t change this requirement—it just matters for inheritance, not name changes.
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New Mexico Quit Claim Deed
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Which is the correct form to use changing the names on a deed after marriage in New Mexico?
Lexi, Chatbot
I understand you’re looking to change the names on a deed after marriage in New Mexico. Have you already obtained a marriage certificate?
Yes.
Lexi, Chatbot
Are both parties listed on the deed in agreement with the name change?
Yes.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
I don’t know.
TJ, Esq.
Hello! My name is TJ, and I’m an attorney. Thanks so much for the opportunity to assist you! Are you available to chat now?
Yes, I am ready for a chat.
TJ, Esq.
A deed is a document that transfers real estate, so you don’t actually change the name on an existing deed. Instead, you’ll need to prepare a new deed to transfer the property from you (in your previous name) to you and your spouse (with your new name, if applicable, and your spouse’s name).
You would typically use a special warranty deed or a quitclaim deed for this kind of transfer in New Mexico.
Questions for you:
- Is the property currently owned solely by you, or are there other owners listed on the deed?
- Are you adding your spouse as a co-owner, or are you both already on the deed and simply updating your names?
- Are there any mortgages or other loans on the property?
We are both currently on the deed—my name and my wife under her maiden name. We’re simply updating her name. There are no mortgages or liens on the property.
TJ, Esq.
Since you and your wife are already on the deed and you’re just updating her name, the process will involve creating and recording a new deed. It transfers the property from the current names (including her maiden name) to the new names (including her married name).
For simply updating a name, a quitclaim deed is commonly used (NMSA § 47-1-30). It essentially says: “I’m transferring whatever ownership I have in this property to the new name.” That’s usually sufficient when ownership isn’t changing, just the name.
Steps:
- Prepare a new deed with the legal description of the property, the current names, and the updated names.
- Both you and your wife sign it.
- Have it notarized.
- Record it with the county clerk’s office in the county where the property is located.
Recording is important because it updates the public record. The type of title you hold (joint tenants, community property, etc.) doesn’t change this requirement—it just matters for inheritance, not name changes.
Thank you, that is what I needed.
TJ, Esq.
You’re very welcome! I’m happy I could help!
TJ, Esq.
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