The property rights of husband and wife are governed by this chapter unless there is a marriage settlement containing stipulations contrary thereto. History: Laws 1907, ch. 37, § 21; Code 1915, § 2772; C.S. 1929, § 68-409; 1941 Comp., § 65-301; 1953 Comp., § 57-3-1. ANNOTATIONS Cross references. — For abolition of curtesy and dower, […]
A. The separate debt of a spouse shall be satisfied first from the debtor spouse’s separate property, excluding that spouse’s interest in property in which each of the spouses owns an undivided equal interest as a joint tenant or tenant in common. Should such property be insufficient, then the debt shall be satisfied from the […]
The court, at the time of the final decree of dissolution of marriage, may declare, as between the parties, a debt to be unreasonable if it was incurred by a spouse while the spouse was living apart and the debt did not contribute to the benefit of both spouses or their dependents. History: Laws 1983, […]
A. Community debts shall be satisfied first from all community property and all property in which each spouse owns an undivided equal interest as a joint tenant or tenant in common, excluding the residence of the spouses. Should such property be insufficient, community debts shall then be satisfied from the residence of the spouses, except […]
A. Property acquired during marriage by either husband or wife, or both, is presumed to be community property. B. Property or any interest therein acquired during marriage by a woman by an instrument in writing, in her name alone, or in her name and the name of another person not her husband, is presumed to […]
A. Except for purchase-money mortgages and except as otherwise provided in this subsection, the spouses must join in all transfers, conveyances or mortgages or contracts to transfer, convey or mortgage any interest in community real property and separate real property owned by the spouses as cotenants in joint tenancy or tenancy in common. The spouses […]
A. Except as provided in Subsections B and C of this section, either spouse alone has full power to manage, control, dispose of and encumber the entire community personal property. B. Where only one spouse is: (1) named in a document evidencing ownership of community personal property; or (2) named or designated in a written […]
A married person under the age of majority may join with his or her spouse in all transactions for which joinder is required by Section 40-3-13 NMSA 1978 and such joinder shall have the same force and effect as if the minor spouse had attained his or her majority at the time of the execution […]
A. If a spouse disappears and his location is unknown to the other spouse, the other spouse may, not less than thirty days after such disappearance, file a petition setting forth the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of both spouses is required by […]
All orders rendered pursuant to Section 32-2-7 NMSA 1953 authorizing the transfer, conveyance, mortgage or lease of community real property or other real property owned by the spouses as co-tenants in joint tenancy or tenancy in common may be recorded in the office of the county clerk of the county where any real property affected […]
Husband and wife may hold property as joint tenants, tenants in common or as community property. History: Laws 1907, ch. 37, § 7; Code 1915, § 2756; C.S. 1929, § 68-301; 1941 Comp., § 65-302; 1953 Comp., § 57-3-2. ANNOTATIONS Dissimilarity of estate by entireties and community estate. — There is no similarity between a […]
Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other’s dwelling. History: Laws 1907, ch. 37, § 3; Code 1915, § 2749; C.S. 1929, § 68-106; 1941 Comp., § 65-303; 1953 Comp., § 57-3-3. ANNOTATIONS Entry into separate residence of spouse. — Section 40-3-3 […]
It is against the public policy of this state to allow one spouse to obligate community property by entering into a contract of indemnity whereby he will indemnify a surety company in case of default of the principal upon a bond or undertaking issued in consideration of the contract of indemnity. No community property shall […]
A. If a spouse is reported by the United States department of defense to be a prisoner of war/person missing-in-action, the other spouse may, not less than six months after such report, file a petition of the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of […]
This act [40-3-6 to 40-3-17 NMSA 1978] may be cited as the “Community Property Act of 1973”. History: 1953 Comp., § 57-4A-1, enacted by Laws 1973, ch. 320, § 1. ANNOTATIONS Common-law concepts and community property concepts are distinct. — A common-law rule would not be authority for dismissing a community property claim. Rodgers v. […]
The purpose of the Community Property Act of 1973 [40-3-6 to 40-3-17 NMSA 1978] is to comply with the provisions of Section 18 of Article 2 of the constitution of New Mexico, as it was amended in 1972 and became effective on July 1, 1973, by making the provisions of the community property law of […]
A. “Separate property” means: (1) property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage; (2) property acquired after entry of a decree entered pursuant to Section 40-4-3 NMSA 1978, unless the decree provides otherwise; (3) property designated as separate property by a judgment or decree of any […]
A. “Separate debt” means: (1) a debt contracted or incurred by a spouse before marriage or after entry of a decree of dissolution of marriage; (2) a debt contracted or incurred by a spouse after entry of a decree entered pursuant to Section 40-4-3 NMSA 1978, unless the decree provides otherwise; (3) a debt designated […]
A gambling debt incurred by a married person as a result of legal gambling is a separate debt of the spouse incurring the debt. History: Laws 1997, ch. 190, § 67. ANNOTATIONS Cross references. — For Gaming Control Act, see Chapter 60, Article 2E NMSA 1978.
