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Home » US Law » 2021 New Mexico Statutes » Chapter 40 - Domestic Affairs » Article 2 - Rights of Married Persons Generally

Section 40-2-1 – [Mutual obligations of husband and wife.]

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 […]

Section 40-2-2 – [Contract rights of married persons.]

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, […]

Section 40-2-3 – [Powers of attorney; joinder of spouse unnecessary.]

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 […]

Section 40-2-4 – [Execution of marriage settlement and separation contracts.]

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; […]

Section 40-2-7 – Persons who may make marriage settlements.

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 […]

Section 40-2-8 – [Extent of mutual alteration of legal relations.]

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, § […]

Section 40-2-9 – [Consideration in separation contract.]

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 […]