Community Property Laws in New Mexico

New Mexico is a community property state.   When facing a divorce settlement that means monies acquired by either spouse during the marriage and all assets acquired with those earnings are considered community property, owned equally by husband and wife.  Assets that were owned prior to the marriage or were acquired by a spouse during the marriage as a gift or inheritance is considered separate property.

The grey areas between separate and community property are often a subject of dispute in many divorce cases.

The law office of PJ Hartman understands the separate and community property laws in New Mexico and how property division works in a divorce or separation.  She can help you figure out the best approach to reaching a fair agreement while protecting your financial interests and your rights to reach the most efficient and beneficial terms for your situation. PJ Hartman will work with you to determine separate property assets such as:

  • Assets acquired by either spouse prior to the marriage.
  • Assets acquired after a legal separation.
  • Assets designated as a separate property by a judgment or court with jurisdiction.
  • Assets acquired by either spouse as an inheritance or gift.
  • Property designated as separate property by a written agreement between the spouses.

For more complex cases of division of property where businesses or retirement accounts are involved, the correct evaluation of these assets is critical to the equal division of the community property.

About Albuquerque Family Lawyer PJ Hartman

For more information about the division of community property in the state of New Mexico contact a caring, experienced and certified family law lawyer. Contact PJ Hartman by email or call 505-247-3335.

*Certified by the New Mexico State Bar Board of Legal Specialization