Los Alamos, NM asked in Divorce for New Mexico

Q: Can my spouse take residential property.

I was living in the residence for 15+ years prior to marrying. My father sold us the property as a married couple. the residence is next door to my elderly parents so that I could be close to them for care as they age.

During the purchase of the property, my husband and I signed the title documents together with my parents. I assumed this would go to the bank and would be the legal start of the note at the bank and both our names would be on the note. I went to make a payment online from my account to the mortgage account and that is when I discovered that I was not on the note.

Now we are divorcing and he is threatening to kick me out and sell the place. What is the general rule on something like this. Will a judge view this as a form of control and manipulation? Please advise. -Sincerely

Stressed and Worried

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1 Lawyer Answer
Carlos N. Martinez
Carlos N. Martinez
  • Albuquerque, NM
  • Licensed in New Mexico

A: The general rule in New Mexico is that you are entitled to 50% of all community property. Community property is anything that you've acquired during your marriage. Regarding leaving the home, the general rule is that the status quo must be maintained throughout the proceedings. Since it appears that this home is community property, any proceeds from a sale, or deficiency, should be equally split between both of you.

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