How to compel ex-wife to sell jointly owned property in New Mexico?

Question

I want to compel my ex-wife to sell property we jointly own in New Mexico. This property is not part of any divorce settlement or ruling, and there are no agreements or contracts regarding its sale. Although I've already tried discussing the sale with her, we haven't reached an agreement.

James L. Arrasmith · Answer

In New Mexico, when two people jointly own property and cannot agree on what to do with it, one option is to pursue what’s called a partition action. This is a legal process where the court decides how to fairly divide the property. If the land cannot be physically divided, the court can order that it be sold and the proceeds split according to each owner’s share. This gives you a way to move forward even when your ex-wife refuses to cooperate. 
 
Before going to court, it’s worth making one last attempt to resolve the issue directly, since partition actions can be time-consuming and expensive. Putting your request in writing helps create a clear record of your good faith efforts to settle the matter. If she still refuses, then filing a partition action becomes your tool to compel a resolution. 
 
If you decide to move forward, gather all documents showing your ownership, such as the deed, mortgage records, or tax statements. The court will use these to confirm your rights and determine how to divide proceeds. While it may feel like a heavy step, this process exists exactly for situations where co-owners cannot agree, and it ensures you are not indefinitely tied to a property against your will.

Q: How to compel ex-wife to sell jointly owned property in New Mexico?