Husband and wife contract toward each other obligations of mutual respect, fidelity and support. History: Laws 1907, ch. 37, § 1; Code 1915, § 2744; C.S. 1929, § 68-101; 1941 Comp., § 65-201; 1953 Comp., § 57-2-1. ANNOTATIONS Cross references. — For dissolution of marriage, see 40-4-1 to 40-4-20 NMSA 1978. For Uniform Interstate Family […]
Either husband or wife may enter into any engagement or transaction with the other, or with any other person respecting property, which either might, if unmarried; subject, in transactions between themselves, to the general rules of common law which control the actions of persons occupying confidential relations with each other. History: Laws 1907, ch. 37, […]
It shall not be necessary in any case for the husband to join with the wife when she executes a power of attorney for herself; nor shall it be necessary for the wife to join with the husband when he executes a power of attorney for himself. History: Laws 1901, ch. 62, § 20; Code […]
All contracts for marriage settlements and contracts for separation, must be in writing, and executed and acknowledged or proved in like manner as a grant of land is required to be executed and acknowledged or proved. History: Laws 1907, ch. 37, § 22; Code 1915, § 2752; C.S. 1929, § 68-203; 1941 Comp., § 65-208; […]
When such contract is acknowledged or proved it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. History: Laws 1907, ch. 37, § 23; Code 1915, § 2753; C.S. 1929, § 68-204; 1941 Comp., § 65-209; […]
The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property. History: Laws 1907, ch. 37, § 24; Code 1915, § 2754; C.S. 1929, § 68-205; 1941 Comp., § 65-210; 1953 Comp., § 57-2-10. ANNOTATIONS Cross references. — For effect of recording or failure […]
Any person capable of contracting marriage may make a valid marriage settlement. History: Laws 1907, ch. 37, § 25; Code 1915, § 2755; C.S. 1929, § 68-206; 1941 Comp., § 65-211; 1953 Comp., § 57-2-11; Laws 1973, ch. 138, § 23. ANNOTATIONS Am. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes contract between husband […]
A husband and wife cannot by any contract with each other alter their legal relations, except of their property, and except that they may agree in writing, to an immediate separation, and may make provisions for the support of either of them and of their children during their separation. History: Laws 1907, ch. 37, § […]
The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section [40-2-8 NMSA 1978]. History: Laws 1907, ch. 37, § 6; Code 1915, § 2783; C.S. 1929, § 68-511; 1941 Comp., § 65-213; 1953 Comp., § 57-2-13. ANNOTATIONS Applicable only to separation agreements. — This […]