reglab/housing_qa huggingface dataset:
NM Stat § 40-1-11 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-11 - Fees; disposition.

The county clerk shall receive a fee of twenty-five dollars ($25.00) for issuing, acknowledging and recording a marriage license and marriage certificate. Fifteen dollars ($15.00) of each fee shall be remitted by the county treasurer to the state treasurer, within fifteen days of the last day of each month, for credit to the children's trust fund. History: 1953 Comp., § 57-1-10.1, enacted by Laws 1957, ch. 33, § 1; 1977, ch. 253, § 64; 1979, ch. 131, § 1; 1985, ch. 52, § 1; 1986, ch. 15, § 10; 2013, ch. 144, § 8. ANNOTATIONSCross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978. For the state treasurer, see N.M. Const., art. V, § 1 and 8-6-1 NMSA 1978. For county treasurers, see Chapter 4, Article 43 NMSA 1978. For the department of health, see Chapter 9, Article 7 NMSA 1978. For the secretary of health, see 9-7-5 NMSA 1978. For the children's trust fund, see Chapter 24, Article 19 NMSA 1978. The 2013 amendment, effective June 14, 2013, eliminated the requirement that applicants for a marriage license file physicians' certifications; in the title, deleted "Certificate required" and added "Fees; disposition"; deleted former Subsection A, which required that applicants for a marriage license file physicians' certifications that they have had all tests and examinations required by the health and environment department; deleted former Subsection B, which required the health services division to provide a form of certification; deleted former Subsection C, which required the health and environment department to make rules and employ personnel necessary to enforce the certification requirements; and deleted former Subsection D, which permitted county clerks to accept certifications from other states with a premarital law. Premarital blood tests to be made at any laboratory. — Clearly the statute authorizes the performance of premarital blood tests at any laboratory approved by the department of health and is not confined in its operation to laboratories operated directly by the department. 1958 Op. Att'y Gen. No. 58-140. Serological tests during pregnancy must be made at laboratory operated directly by state health department (now department of health), although premarital blood tests may be processed by any approved laboratory. 1958 Op. Att'y Gen. No. 58-140. Repeal of regulations. — The department of health may legally repeal regulations enacted pursuant to this section that require marriage license applicants to obtain and file physician's certificates. 1995 Op. Att'y Gen. No. 95-02.
NM Stat § 40-1-12 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-12 - Repealed.

History: 1953 Comp., § 57-1-10.2, enacted by Laws 1957, ch. 33, § 2; 1978 Comp., § 40-1-12, repealed by Laws 2013, ch. 144, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 144, § 14 repealed 40-1-12 NMSA 1978, as enacted by Laws 1957, ch. 33, § 2, relating to exceptions, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 40-1-13 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-13 - Repealed.

History: 1953 Comp., § 57-1-10.3, enacted by Laws 1957, ch. 33, § 3; 1978 Comp., § 40-1-13, repealed by Laws 2013, ch. 144, § 14.ANNOTATIONSRepeals. — Laws 2013, ch. 144, § 14 repealed 40-1-13 NMSA 1978, as enacted by Laws 1957, ch. 33, § 3, relating to penalties, effective June 14, 2013. For provisions of former section, see the 2012 NMSA 1978 on NMOneSource.com.
NM Stat § 40-1-14 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-14 - Production of license and proof of legal qualifications.

Prior to a ceremony, all persons authorized to solemnize marriage shall require the parties contemplating marriage to produce a license signed and sealed by the county clerk issuing the license. Nothing in Chapter 40, Article 1 NMSA 1978 shall excuse any person authorized by the laws of this state to solemnize the contract of marriage from being satisfied as to the legal qualifications of any parties desiring to be married, in addition to the authority conferred by the license. History: Laws 1905, ch. 65, § 3; Code 1915, § 3437; C.S. 1929, § 87-113; 1941 Comp., § 65-112; 1953 Comp., § 57-1-12; 2013, ch. 144, § 9. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, required all persons authorized to solemnize marriage to require the parties to produce a marriage license; added the title of the section; after the title, deleted "Sec. 13"; in the first sentence, added "Prior to a ceremony" and after "county clerk", deleted "authorizing said marriage" and added "issuing the license"; and in the second sentence, after "excuse any person", deleted "from exercising the same care in satisfying himself" and added "authorized by the laws of this state to solemnize the contract of marriage from being satisfied" and after "any parties desiring", deleted "him to perform the marriage ceremony, now required of him by law" and added "to be married".
NM Stat § 40-1-15 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-15 - Certification of marriage; recording and indexing.

A. It is the duty of all persons solemnizing the contract of marriage in this state to certify the marriage to the county clerk within ninety days from the date of the marriage ceremony. Upon ensuring the information on the certificate is complete and legible, the county clerk shall immediately upon receipt of the certificate cause it to be properly recorded and indexed in a permanent record as a part of the county records. B. The county clerk may issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage as a result of a typographical or data entry error by the office of the county clerk. The county clerk shall issue a certificate of correction or correct or reissue an application for a marriage license, a marriage license or a certificate of marriage to correct an error on the document upon order of the district court. History: Laws 1905, ch. 65, § 4; Code 1915, § 3438; C.S. 1929, § 87-114; 1941 Comp., § 65-113; 1953 Comp., § 57-1-13; 2013, ch. 144, § 10. ANNOTATIONSCross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978. The 2013 amendment, effective June 14, 2013, provided for correction of marriage certificates; added the title; in Subsection A, in the first sentence, after "duty of all persons", deleted "performing the marriage ceremony" and added "solemnizing the contract of marriage", after "from the date of the marriage", added "ceremony"; and in the second sentence, at the beginning of the sentence, added "Upon ensuring the information on the certificate is complete and legible, the", and after "permanent record", deleted "book kept for that purpose"; and added Subsection B. Lack of evidence of license does not rebut presumption. — Mere lack of evidence of a record of the issuance of a license or of a ceremonial marriage is not sufficient to rebut the presumption of a ceremonial marriage. Trower v. Board of Cnty. Comm'rs, 1965-NMSC-040, 75 N.M. 125, 401 P.2d 109, overruled on other grounds by Panzer v. Panzer, 1974-NMSC-092, 87 N.M. 29, 528 P.2d 888. Clerk's duty absolute even if marriage performed in other county. — The county clerk's duty to record marriage certificates is absolute and it cannot be avoided by the fact that the marriage was not performed in his county. 1943 Op. Att'y Gen. No. 43-4225.
NM Stat § 40-1-16 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-16 - Application of law.

A. A child born to parents who are not married to each other has the same rights pursuant to the law as a child born to parents who are married to each other. B. Nothing in Chapter 40, Article 1 NMSA 1978 shall be construed to in any manner interfere with the records kept by any civil magistrate, religious society, church organization or federally recognized Indian nation, tribe or pueblo or with any additional form of ceremony, regulation or requirement prescribed by them. History: Laws 1905, ch. 65, § 5; Code 1915, § 3439; C.S. 1929, § 87-118; 1941 Comp., § 65-114; 1953 Comp., § 57-1-14; 2013, ch. 144, § 11. ANNOTATIONSThe 2013 amendment, effective June 14, 2013, provided for the legal rights of children born to parents who are not married to each other; added the title; added Subsection A; and in Subsection B, after "church organization", added "or federally recognized Indian nation, tribe or pueblo".
NM Stat § 40-1-17 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-17 - Uniform use form.

To ensure a uniform system of records of all marriages contracted and the better preservation of the records for future reference, the form of application, license and certificate shall be substantially as provided in Section 40-1-18 NMSA 1978, each blank to be numbered consecutively corresponding with the page number of the record book in the clerk's office; provided that the medical evaluation language shall not be printed on the application until such time as the secretary of health deems such evaluation necessary through the issuance of rules. History: Laws 1905, ch. 65, § 7; Code 1915, § 3441; C.S. 1929, § 87-120; 1941 Comp., § 65-116; 1953 Comp., § 57-1-15; 2013, ch. 144, § 12. ANNOTATIONSCross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978. The 2013 amendment, effective June 14, 2013, provided for the use of uniform applications, licenses and certificates; added the title; after "preservation of", deleted "said record" and added "the records"; after "license and certificate", deleted "provided herein"; after "shall be substantially as", deleted "follows" and added "provided in Section 40-1-18 NMSA 1978"; and after "in the clerk's office", deleted "all such blanks to be provided free of cost by the county for public use" and added the reminder of the sentence. County clerk may issue marriage license where neither party has appeared personally to apply for the license where the form of application used is substantially in agreement with 40-1-18 NMSA 1978 and the county clerk is satisfied as to the ages. 1967 Op. Att'y Gen. No. 67-88. Lack of witnesses would not invalidate marriage. — Lack of witnesses at a marriage ceremony, where marriage was valid in other respects, would not invalidate the marriage. 1943 Op. Att'y Gen. No. 43-4280.
NM Stat § 40-1-19 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-19 - Offenses; penalties.

A. For failure to perform the county clerk's responsibilities and duties pursuant to Chapter 40, Article 1 NMSA 1978, a county clerk is responsible on the county clerk's official bond for damages suffered by the injured party. B. A person who performs the marriage ceremony or certifies a marriage to the county clerk, who neglects or fails to comply with the provisions of Chapter 40, Article 1 NMSA 1978 and any person who willfully violates the law by deceiving or attempting to deceive or mislead any officer or person in order to obtain a marriage license or to be married contrary to law is upon conviction guilty of a misdemeanor and shall be sentenced pursuant to the provisions of Section 31-19-1 NMSA 1978. History: Laws 1905, ch. 65, § 9; Code 1915, § 3443; C.S. 1929, § 87-122; 1941 Comp., § 65-118; 1953 Comp., § 57-1-17; 2013, ch. 144, § 13. ANNOTATIONSCross references. — For county clerks, see N.M. Const., art. VI, § 22 and Chapter 4, Article 40 NMSA 1978. The 2013 amendment, effective June 14, 2013, increased penalties; added the title; deleted "Any county clerk or"; added Subsection A; in Subsection B, after phrase "A person", deleted "authorized by law to perform" and added "who performs", after "marriage ceremony", added "or certifies a marriage to the county clerk", after "any officer or person", deleted "authorized to perform the marriage ceremony", after "contrary to law", deleted "shall be deemed" and added "is upon conviction", and after "misdemeanor and", deleted language which provided for a minimum fifty dollar and a maximum one hundred dollar fine or imprisonment, and added the remainder of the sentence. Penalty for performing marriage in county other than where license obtained. — The act of a duly qualified justice of the peace (now magistrate), priest or minister in performing a marriage ceremony where the marriage license was obtained in a county of this state other than that where the marriage ceremony was celebrated does not fall within the mandatory or prohibited provisions, and the wording of 40-1-10 NMSA 1978 does not expressly or by inference refer to persons performing the marriage ceremony. Therefore, such persons may perform such ceremonies without violating the marriage laws or subjecting themselves to criminal penalty. 1961 Op. Att'y Gen. No. 61-104.
NM Stat § 40-1-20 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 1 - Marriage in General|Section 40-1-20 - [Marriages without license in 1905 validated.]

All marriages celebrated or contracted in the territory of New Mexico, during the year A.D. 1905, without the persons entering into the marriage relation, having first obtained a license from the probate clerk of the proper county, but which marriages were valid according to the law as it existed prior to April 13, 1905, are hereby validated and legalized and shall have the same force and effect as if such marriages had been celebrated or contracted after the parties contracting such marriage had first obtained a license to marry from the probate clerk of the county wherein such marriage occurred. History: Laws 1909, ch. 91, § 1; Code 1915, § 3444; C.S. 1929, § 87-123; 1941 Comp., § 65-119; 1953 Comp., § 57-1-18. ANNOTATIONSCross references. — For probate court clerks, see 34-7-4 NMSA 1978.
NM Stat § 40-2-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 2 - Rights of Married Persons Generally|Section 40-2-3 - [Powers of attorney; joinder of spouse unnecessary.]

It shall not be necessary in any case for the husband to join with the wife when she executes a power of attorney for herself; nor shall it be necessary for the wife to join with the husband when he executes a power of attorney for himself. History: Laws 1901, ch. 62, § 20; Code 1915, § 2751; C.S. 1929, § 68-202; 1941 Comp., § 65-207; 1953 Comp., § 57-2-7. ANNOTATIONSWife aware of transfer made by husband as her attorney-in-fact. — Where husband, acting for himself and as attorney-in-fact for his wife, made and delivered to plaintiff a written assignment and transfer of their mineral interests, the powers so conferred upon the husband authorized him to convey wife's interests, where he had conveyed other properties owned by them acting under the same powers-of-attorney and evidence indicated wife was aware of business conducted by her husband in her behalf and assented thereto. Soens v. Riggle, 1958-NMSC-063, 64 N.M. 121, 325 P.2d 709. Am. Jur. 2d, A.L.R. and C.J.S. references. — Injured party's release of tortfeasor as barring spouse's action for loss of consortium, 29 A.L.R.4th 1200.
NM Stat § 40-2-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 2 - Rights of Married Persons Generally|Section 40-2-5 - [Recording of marriage settlement or separation contract.]

When such contract is acknowledged or proved it must be recorded in the office of the recorder of every county in which any real estate may be situated which is granted or affected by such contract. History: Laws 1907, ch. 37, § 23; Code 1915, § 2753; C.S. 1929, § 68-204; 1941 Comp., § 65-209; 1953 Comp., § 57-2-9. ANNOTATIONSCross references. — For county recorders, see 14-8-1 NMSA 1978. For recording contracts affecting real property, see 14-9-1 to 14-9-9 NMSA 1978.
NM Stat § 40-2-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 2 - Rights of Married Persons Generally|Section 40-2-6 - [Effect of recording or failure to record settlement or separation contract.]

The recording or nonrecording of such contract has a like effect as the recording or nonrecording of a grant of real property. History: Laws 1907, ch. 37, § 24; Code 1915, § 2754; C.S. 1929, § 68-205; 1941 Comp., § 65-210; 1953 Comp., § 57-2-10. ANNOTATIONSCross references. — For effect of recording or failure to record writings affecting real estate, see 14-9-2, 14-9-3 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — Noncompliance with statutory requirements concerning form of execution or acknowledgement as affecting validity or enforceability of written antenuptial agreement, 16 A.L.R.3d 370.
NM Stat § 40-2-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 2 - Rights of Married Persons Generally|Section 40-2-7 - Persons who may make marriage settlements.

Any person capable of contracting marriage may make a valid marriage settlement. History: Laws 1907, ch. 37, § 25; Code 1915, § 2755; C.S. 1929, § 68-206; 1941 Comp., § 65-211; 1953 Comp., § 57-2-11; Laws 1973, ch. 138, § 23. ANNOTATIONSAm. Jur. 2d, A.L.R. and C.J.S. references. — What constitutes contract between husband or wife and third person promotive of divorce or separation, 93 A.L.R.3d 523.
NM Stat § 40-2-9 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 2 - Rights of Married Persons Generally|Section 40-2-9 - [Consideration in separation contract.]

The mutual consent of the parties is a sufficient consideration for such an agreement as is mentioned in the last section [40-2-8 NMSA 1978]. History: Laws 1907, ch. 37, § 6; Code 1915, § 2783; C.S. 1929, § 68-511; 1941 Comp., § 65-213; 1953 Comp., § 57-2-13. ANNOTATIONSApplicable only to separation agreements. — This section has reference solely to the separation agreement provided for between husband and wife by 40-2-8 NMSA 1978, and has no reference to their authority to contract. McDonald v. Lambert, 1938-NMSC-065, 43 N.M. 27, 85 P.2d 78, 120 A.L.R. 250, overruled on other grounds by Chavez v. Chavez, 1952-NMSC-050, 56 N.M. 393, 244 P.2d 781. Am. Jur. 2d, A.L.R. and C.J.S. references. — Separation agreements: enforceability of provision affecting property rights upon death of one party prior to final judgment of divorce, 67 A.L.R.4th 237.
NM Stat § 40-3-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-3 - [Separation of property; admission to dwelling of spouse.]

Neither husband nor wife has any interest in the property of the other, but neither can be excluded from the other's dwelling. History: Laws 1907, ch. 37, § 3; Code 1915, § 2749; C.S. 1929, § 68-106; 1941 Comp., § 65-303; 1953 Comp., § 57-3-3. ANNOTATIONSEntry into separate residence of spouse. — Section 40-3-3 NMSA 1978 does not provide immunity from prosecution for burglary of a spouse's separate residence. State v. Parvilus, 2014-NMSC-028, rev'g 2013-NMCA-025, 297 P.3d 1228. Where, because of domestic problems, defendant rented a separate apartment for defendant's spouse; the parties agreed that the apartment was the spouse's separate residence, that defendant would not have a key to the apartment, and that defendant did not have the spouse's permission to enter the apartment; and several months later, defendant entered the spouse's apartment through a window, 40-3-3 NMSA 1978 did not preclude defendant's conviction for burglary of the spouse's separate dwelling. State v. Parvilus, 2014-NMSC-028, rev'g 2013-NMCA-025, 297 P.3d 1228. The plain language of 40-3-3 NMSA 1978 renders inter-spousal burglary an impossibility because the New Mexico burglary statutes protect the possessory right to exclude and 40-3-3 NMSA 1978 dictates that spouses have no such right to exclude the other spouse. State v. Parvilus, 2013-NMCA-025, 297 P.3d 1228, cert. granted, 2013-NMCERT-001. Entry into residence of estranged spouse. — Where defendant entered defendant's estranged spouse's apartment without permission, kidnapped the victim, and killed the victim, 40-3-3 NMSA 1978 prohibited defendant's spouse form excluding defendant from the spouse's apartment and defendant's entry into the apartment, even with felonious purpose, did not constitute burglary as a matter of law. State v. Parvilus, 2013-NMCA-025, 297 P.3d 1228, cert. granted, 2013-NMCERT-001. Law reviews. — For comment, "Community Property - Power of Testamentary Disposition - Inequality Between Spouses," see 7 Nat. Resources J. 645 (1967). Am. Jur. 2d, A.L.R. and C.J.S. references. — Joining in instrument as ratification of or estoppel as to prior ineffective instrument affecting real property, 7 A.L.R.2d 294. Division of community property between spouses into separate property as constituting gift within gift statutes, 19 A.L.R.2d 860. Divorce and separation: Attorney's contingent fee contracts as marital property subject to distribution, 44 A.L.R.5th 671. 41 C.J.S. Husband and Wife § 128 et seq.
NM Stat § 40-3-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-4 - Contracts of indemnity; no obligation of community property unless signed by both husband and wife.

It is against the public policy of this state to allow one spouse to obligate community property by entering into a contract of indemnity whereby he will indemnify a surety company in case of default of the principal upon a bond or undertaking issued in consideration of the contract of indemnity. No community property shall be liable for any indebtedness incurred as a result of any contract of indemnity made after the effective date of this section, unless both husband and wife sign the contract of indemnity. History: 1953 Comp., § 57-4-10, enacted by Laws 1965, ch. 74, § 1. ANNOTATIONSCross references. — For requirement of joinder of spouses for purposes of transfer, conveyance, mortgage and lease of community real property, see 40-3-13 NMSA 1978. Applicability of section. — This section did not apply to bar an action on a promissory note brought by the promisee against the wives of the promisors, since the action was a simple suit on a note against the remaining members of the marital community and not a contract of indemnity. Lubbock Steel & Supply, Inc. v. Gomez, 1987-NMSC-025, 105 N.M. 516, 734 P.2d 756. Law reviews. — For symposium, "The Effects of an Equal Rights Amendment on the New Mexico System of Community Property: Problems of Characterization, Management and Control," see 3 N.M.L. Rev. 11 (1973). For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974). Am. Jur. 2d, A.L.R. and C.J.S. references. — 15A Am. Jur. 2d Community Property §§ 77 to 80. 41 C.J.S. Husband and Wife §§ 164 to 166.