by admin | May 17, 2021 | Family Law, New Mexico
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...
by admin | May 17, 2021 | Family Law, New Mexico
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...
by admin | May 17, 2021 | Family Law, New Mexico
Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other’s dwelling. NMS § 40-3-3Laws 1907, ch. 37, § 3; Code 1915, § 2749; C.S. 1929, § 68-106; 1941 Comp., § 65-303; 1953 Comp., § 57-3-3.
by admin | May 17, 2021 | Family Law, New Mexico
Husband and wife may hold property as joint tenants, tenants in common or as community property. NMS § 40-3-2Laws 1907, ch. 37, § 7; Code 1915, § 2756; C.S. 1929, § 68-301; 1941 Comp., § 65-302; 1953 Comp., § 57-3-2.
by admin | May 17, 2021 | Family Law, New Mexico
The property rights of husband and wife are governed by this chapter unless there is a marriage settlement containing stipulations contrary thereto. NMS § 40-3-1Laws 1907, ch. 37, § 21; Code 1915, § 2772; C.S. 1929, § 68-409; 1941 Comp., § 65-301; 1953 Comp., §...
by admin | May 17, 2021 | Family Law, New Mexico
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]. NMS § 40-2-9Laws 1907, ch. 37, § 6; Code 1915, § 2783; C.S. 1929, § 68-511; 1941 Comp., § 65-213; 1953 Comp., §...
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