Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
A: It is likely separate property if acquired before marriage.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- Answered
A:
In New Mexico, whether property is considered separate or community depends on when and how it was acquired. If your husband owned the property before your marriage or received it as a gift or inheritance, it is likely considered separate property. Separate property generally remains with the original owner during a divorce.
However, if any community funds or efforts were used to improve or maintain that property during your marriage, it could complicate things. The court might consider some of the property's increased value as community property.
It's important to provide documentation and details about how the property was managed during your marriage. This will help the court make a fair decision regarding division.
Timothy Denison agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
