I agree with my colleague. It could depend on the rules of the forum and role of the third party. In American Arbitration Association arbitrations, I've had hearings involving third parties (insurance matters, not your specific setting). You could check with the forum's rules. You...View More
In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not...View More
We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.
In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement...View More
In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be...View More
My husband lives and works in Germany where he has been for the last 10+ years. I lived in our home in Austin, Texas up until June 2017 when I moved to Santa Fe. We still own the home in Austin, with tenants. We have one grown child.
We are trying to figure out how best to divide everything.
The answer to your question will depend on counsel gaining a thorough understanding of all of the complicated facts associated with your situation. There are, however, some general concepts that may be helpful.
1. All of the assets you acquired during the marriage (except those acquired...View More
My husband has sold equipment worth $10,000 and has taken all of our possessions off the property and he refuses to comply with discovery or an order to relocate property. His attorney when I attempted to meet and confer has just blown me off telling me we need mediation. Things can't be... View More
You can request that the court hold a pretrial conference and request a trial date at the same time. It is customary for courts to send the parties to mediation to see if they can come to some sort of agreement, however if that does in fact fail, then the court generally will set a trial date.
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... View More
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...View More
It depends on what type of account you are talking about. If he has put her on a community account, then you could potentially prevent it via a motion to the court, dependent on other surrounding circumstances.
A mixed decision usually means that the judge ruled in one party's favor on some issues, and in the other party's favor on other issues, or even that on individual issues the judge didn't rule entirely the way either party wanted but somewhere in the middle.
In the absence of agreement by the parties, relocating to another state with children is no simple task. It will require a hearing at a minimum. Depending upon the situation, it may require the appointment of an expert psychologist. It can be a lengthy process and should be started early, well...View More
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