Q: If my husband had property before he went to prison, we are getting divorced now, is the property separate or community?
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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
A: It is likely separate property if acquired before marriage.
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