What is an Affidavit of Property?

An affidavit of property is a document that has the sworn statement of an affiant who swears an oath about his or her property. The property includes debts and incomes and they are listed in the affidavit. All the important information about the property is written. Intangible assets like real estate properties and personal properties need an affidavit so that the affiant can have the right claims for his or her properties. The affidavit contains the approximate value of the property.

An affidavit of property value is important because it can be used in court as proof that you truly own the said property. For whatever purpose it may serve, you can have an accurate assertion about the things that you own. If you have to settle everything in court like when you are having a divorce, the affidavit of property is a good document that can help you. In many court proceedings, it has been very helpful. You can rightfully get what is yours and you do not have to lose your property if ever. It is used in pleadings, immigration filings, and real estate transactions.

The affidavit of ownership of property should be notarized to be completely useful. A magistrate in court or a notary public can do this thing. They will make the affidavit of property valid. This is needed because a false affidavit is punishable by criminal prosecution. So, when having an affidavit of property, it is advisable to find a good magistrate that can help you. Remember, the affidavit of property should be completely legal. You can be jailed if you will find a false notary public and you can even lose your precious property.

An affidavit of sale of property is made when an owner of a property sold his or her property to someone else. There will be an affidavit for the transfer of property that can happen. The affidavit is complete proof of ownership. You can prove that you own anything through the affidavit. It is useful in having a title for the land properties that we own. The sworn details prove that you have bought the property and that you are the rightful owner. The affidavit can contain the agreement that you have with the seller. It has all the declarations that are needed to assess everything that you own.

Tips on Affidavit of Property

Are you going to swear on an affidavit of ownership of equipment? Or do you have to swear for your real estate property? Whatever property you own, you have to know that you should be careful with your oath. Maybe you should need some tips that can help you to have a better affidavit of property. Consider and have the following tips:

Know Its Purpose: To make the best affidavit of property, you must know its purpose. Where are you going to use it? What kind of case is it for? Are you going to use it for divorce or immigration filings? You must know first where you are going to use it. This will help you decide what kind of oath you are going to swear. Remember, you are swearing to a judge and not to your clients. So, you have to ensure that you can say the right things. If you need to win a case so that you will not lose some of your property, you still have to be honest about all your properties. Maybe you want to get the purpose that you need in court, but you must know that you cannot assert wrong things about your property just because you have some personal interest. If you will know the purpose of the affidavit of property, you will know how you can say your oath to the judge.Consider the Relief After Having the Affidavit: Do not feel so burdened. Swearing to an affidavit can be a good thing. You will have a legal document about all the property that you own. You can protect all your interest in your properties. It may cause you some effort to have the affidavit. You will fix everything and have to talk to a magistrate to help you. But after having the affidavit of property, everything will be worth it. You can have whatever purpose that you may need in court. Sometimes, you have to make everything legal because that is the normal way with the present civilization. But after exerting some effort, you will have an affidavit of property that can help you in all your real estate transactions. If your properties have something to do about your business, you can be confident that everything will go well in your business. If you want to protect your properties, you must have an affidavit of property.Use First Person: In your affidavit of property, you must write in the first person. Remember, you are professing your ownership. So you must write in the first person. It is good to let everyone know that you are rightfully swearing an oath asserting all your possessions. Express complete ownership of all your properties. This is to let the court know that you are truly owning your properties, even your debts concerning your property. Writing in the second person can make the document a little obscure. It is better to use the first person. This way, you can truly swear an oath that is given by you alone. No need to involve another person who has nothing to do with your property.Speak with Your Clients: If the court case will have to involve your clients, you need to speak to them. You need to educate them about the affidavit that you are going to have. You need to explain to them everything that you have to explain about pleadings or transactions that you will have. You need to provide evidence that you are the rightful owner of all your properties. So, in swearing an oath, you need to be truthful about everything that you have.Do Not Include Inadmissible Documents: You have to be careful about all the documents that you will attach to your affidavit. Make sure that all the documents will not be contrary to your sworn statement. Include only documents that are going to be proof of everything that you said in the affidavit. The possible documents to include are land agreements, income statements, purchase agreements, and other agreements that will prove that you own your properties. All the documents should be legally signed by the involved parties. If possible, everything should be notarized. After gathering all the documents that you can attach with the affidavit, you should make a copy of them and send them together with your sworn statement. Send them all together to court so you will have a better claim with whatever you want to get from the court.Do Not Believe in Hearsay: An affidavit of property is a legal document. Remember that everything about it should be based on facts and should not depend on any hearsay. If others will say that you will not get what you want to have from the court, do not believe them. As long as you have the right sworn statement of your property, you will have nothing to fear. If you have taken a truthful oath of all your properties, then you have done your responsibility. It is up to the court to give your request and make you win with your argument.A Good Structure: You must have a good structure for your affidavit of property. Plan a structure for it. Planning can make your affidavit look better. Use headings that can define the contents of your statement. This will make your affidavit more readable. You can refer to any affidavit of property template that you can find on the internet. Use them so that you can have a pattern in writing.

How to Write an Affidavit of Property

Do you want to retain all the property value of your properties? Is this the reason why you need to create an affidavit of property? Well, do you look for some steps that you can use in writing? We can provide them for you. They are the following:

1. Know Your Needs

You must first know your needs before writing an affidavit of property. Knowing your needs can make you have a better statement of all your properties. You can better convince the court if you will tailor your statement to your purpose. Remember that it is hard to get the approval of the court. So, you need to be careful. You have to plan what you are going to say in the affidavit. This can help you to say the right things in your statement.

2. Write the Date

You can start your document by writing the date. Dates are important in every legal document. There should be complete evidence of when every legal document is made. So, including a date is very essential. Be sure to state the right date. Be clear in stating the day, the month, and the year.

3. Specify the Country

Another important thing in the affidavit of property is the country where it is filed. Be sure to state your country when writing an affidavit of property. The document has to state the country where all the jurisdiction for the affidavit should be at. This is to ensure that you can follow all the applicable laws in your affidavit. When used in cases in court, the jurisdiction is needed so that the judge will know how to decide about your claims.

4. Affiant Details

The next section of your affidavit of property is the part where you should put your name. As the affiant, you need to provide your personal details. This is to acknowledge that you are the one who owns the property. State some necessary information like your address and contact information. Anything relevant should be written in the document. This may include your birthday and age. You can also state your relationship to other parties. Remember that you are on an oath, so you have to be accurate with all the details. Write correct information.

5. Make Attestation

The next step is to have an attestation. This will be a short paragraph, recognizing that you are the one who is making the statement. This will be the beginning of your factual information. The best perspective is to write in the first person. State the events in an oath and do not make a conjecture. Provide true things. Speak things to the best of your knowledge. Remember that you can face legal consequences if you will say false things.

6. List Evidence

Evidence is needed to prove that you have a true statement. So you need to include documentation. This is needed in any legal case. Your attestation should be followed by documentation that will serve as evidence. You can consult a lawyer to know the documents that are admissible in court. Some example of evidence that you can provide are letters, emails, accident reports, financial statements, contracts, agreements, videos, photos, police reports, and personal journals.

7. Summarize Your Statement

If your affidavit is less than one page, you will not need a summary. But if your sworn statement is lengthy, you must provide a summary of your statement. You can also give a practical name to your document. List it at the end of your affidavit.

8. Include Attachments

All the documentation that you have gathered for the affidavit should go together with your statement. Attach the necessary documents to it. Give a name for each file. Attach them to the end of your affidavit.

9. Write an Oath

An oath statement is where you will acknowledge all you have said in the affidavit. It recognizes that you are aware of all the laws concerning your affidavit and you are ready to face any legal obligations if there will be any. This is where you will assure the court that you are being honest with all that you have said.

10. Sign and Notarize

After you have finished writing your affidavit, you should print it. But do not sign it without the presence of a notary public. You can only sign the document in the presence of a notary officer to make it valid. Go to a notary public’s office and get a seal for your affidavit.


Is an affidavit of property necessary?

Yes, it is necessary in many cases. It is used in pleadings, immigration filings, and real estate transactions. Without an affidavit of property, you cannot make the court believe your claims.

What will happen if I made false statements in an affidavit of property?

You can face a legal consequence by saying false things or by having a false statement. This is a serious matter that you have to consider.

If you want everything about your property to be legal, you should have an affidavit of property. This will be the best way how you can protect your property. Well, do you need a template for an affidavit of property? This post has 20+ SAMPLE Affidavit of Property in PDF | MS Word. They can help you to make your affidavit of property. Download now!