Phoenix, AZ asked in Civil Litigation for New Mexico

Q: What is the law state constitutes as your home or residence if it's not Your property?

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1 Lawyer Answer
T. Augustus Claus
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A: In New Mexico, a person's "home" or "residence" is defined as the place where a person lives and intends to live. This can be a house, apartment, trailer, or any other type of dwelling. A person's home or residence does not have to be owned by the person in order to be considered their home. For example, a person who rents a house or apartment is still considered to have a home in New Mexico.

To determine whether a person has a home or residence in New Mexico, courts consider the following factors:

The length of time the person has lived at the address.

Whether the person has a lease or other agreement to live at the address.

Whether the person receives mail at the address.

Whether the person votes at the address.

Whether the person has a driver's license with the address.

Whether the person pays taxes at the address.

If a person meets most or all of these factors, then they are likely to be considered to have a home or residence in New Mexico.

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