reglab/housing_qa huggingface dataset:
NM Stat § 40-3-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-5 - Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action.

A. If a spouse is reported by the United States department of defense to be a prisoner of war/person missing-in-action, the other spouse may, not less than six months after such report, file a petition of the facts which make it desirable for the petitioning spouse to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953. B. The petition shall be filed in a district court of any county in which real property described in the petition is located. C. The district court shall appoint a guardian ad litem for the prisoner of war/person missing-in-action and shall allow such guardian a reasonable fee for his services. D. A notice, stating that the petition has been filed and specifying the date of the hearing, accompanied by a copy of the petition shall be issued and served on the guardian ad litem and shall be published once each week for four successive weeks in a newspaper of general circulation in the county in which the proceeding is pending. The last such publication shall be made at least twenty days before the hearing. E. After the hearing, the district court may allow the petitioning spouse alone to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 upon such terms and conditions as may be appropriated [appropriate] or necessary to protect the interests of the absent spouse. F. Any sale, lease, conveyance or encumbrance authorized by the district court pursuant to Subsection E of this section shall be confirmed by order of the district court, and that order of confirmation may be recorded in the office of the county clerk of the county where any property affected thereby is situated. History: 1953 Comp., § 57-4-11, enacted by Laws 1973, ch. 105, § 1. ANNOTATIONSBracketed material. — The bracketed material was inserted by the compiler and is not part of the law. Compiler's notes. — Section 57-4-3, 1953 Comp., cited in Subsections A and E, was repealed by Laws 1973, ch. 320, § 14. For present provisions, see 40-3-13 to 40-3-16 NMSA 1978. Cross references. — For section concerning disposition and management of real property without joinder and management of community personal property subject to management of one spouse alone where spouse has disappeared, see 40-3-16 NMSA 1978. Law reviews. — 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. — Power of either spouse, without consent of other, to make gift of community property or funds to third party, 17 A.L.R.2d 1118. 41 C.J.S. Husband and Wife § 168.
NM Stat § 40-3-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-7 - Purpose of act.

The purpose of the Community Property Act of 1973 [40-3-6 to 40-3-17 NMSA 1978] is to comply with the provisions of Section 18 of Article 2 of the constitution of New Mexico, as it was amended in 1972 and became effective on July 1, 1973, by making the provisions of the community property law of New Mexico apply equally to all persons regardless of sex. History: 1953 Comp., § 57-4A-1.1, enacted by Laws 1975, ch. 246, § 2. ANNOTATIONSLaw reviews. — For article, "The Community Property Act of 1973: A Commentary and Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974).
NM Stat § 40-3-9.1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-9.1 - Gambling debts are separate debts of spouse incurring debt.

A gambling debt incurred by a married person as a result of legal gambling is a separate debt of the spouse incurring the debt. History: Laws 1997, ch. 190, § 67. ANNOTATIONSCross references. — For Gaming Control Act, see Chapter 60, Article 2E NMSA 1978.
NM Stat § 40-3-10.1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-10.1 - Unreasonable debt.

The court, at the time of the final decree of dissolution of marriage, may declare, as between the parties, a debt to be unreasonable if it was incurred by a spouse while the spouse was living apart and the debt did not contribute to the benefit of both spouses or their dependents. History: Laws 1983, ch. 75, § 2. ANNOTATIONSAttorney fees. — Trial court's finding and ultimate conclusion that all of the wife's attorney fees were excessive and unreasonable was error, where the fees that the wife incurred by seeking settlement of child custody and visitation constituted community debts under 40-3-9 NMSA 1978 and those fees that the wife incurred as a result of litigating the issue of child support likewise constituted a communal expense. Bustos v. Gilroy, 1988-NMCA-012, 106 N.M. 808, 751 P.2d 188.
NM Stat § 40-3-15 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-15 - Joinder of minor spouse in conveyances, mortgages and leases.

A married person under the age of majority may join with his or her spouse in all transactions for which joinder is required by Section 40-3-13 NMSA 1978 and such joinder shall have the same force and effect as if the minor spouse had attained his or her majority at the time of the execution of the instrument. History: 1953 Comp., § 57-4A-9, enacted by Laws 1973, ch. 320, § 11. ANNOTATIONSCross references. — For age of majority, see 28-6-1 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 43 C.J.S. Infants § 141.
NM Stat § 40-3-17 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3 - Property Rights|Section 40-3-17 - Judgments to be recorded.

All orders rendered pursuant to Section 32-2-7 NMSA 1953 authorizing the transfer, conveyance, mortgage or lease of community real property or other real property owned by the spouses as co-tenants in joint tenancy or tenancy in common may be recorded in the office of the county clerk of the county where any real property affected thereby is situated. History: 1953 Comp., § 57-4A-11, enacted by Laws 1973, ch. 320, § 13. ANNOTATIONSSeverability. — Laws 1973, ch. 320, § 15, provided for the severability of the act if any part or application thereof is held invalid. Compiler's notes. — Section 32-2-7, 1953 Comp., referred to in this section, was repealed by Laws 1975, ch. 257, § 9-101. For similar provisions, see 45-5-409 and 45-5-424 NMSA 1978.
NM Stat § 40-3A-1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-1 - Short title.

This act [40-3A-1 to 40-3A-10 NMSA 1978] may be cited as the "Uniform Premarital Agreement Act". History: Laws 1995, ch. 61, § 1.
NM Stat § 40-3A-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-2 - Definitions.

As used in the Uniform Premarital Agreement Act: A. "premarital agreement" means an agreement between prospective spouses made in contemplation of marriage and to be effective upon marriage; and B. "property" means an interest, present or future, legal or equitable, vested or contingent, in real or personal property, including income and earnings. History: Laws 1995, ch. 61, § 2.
NM Stat § 40-3A-3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-3 - Formalities.

A premarital agreement must be in writing, signed by both parties and acknowledged. It is enforceable without consideration. History: Laws 1995, ch. 61, § 3.
NM Stat § 40-3A-4 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-4 - Content.

A. Parties to a premarital agreement may contract with respect to: (1) the rights and obligations of each of the parties in any of the property of either or both of them whenever and wherever acquired or located; (2) the right to buy, sell, use, transfer, exchange, abandon, lease, consume, expend, assign, create a security interest in, mortgage, encumber, dispose of, or otherwise manage and control property; (3) the disposition of property upon separation, marital dissolution, death, or the occurrence or nonoccurrence of any other event; (4) the making of a will, trust, or other arrangement to carry out the provisions of the agreement; (5) the ownership rights in and disposition of the death benefit from a life insurance policy; (6) the choice of law governing the construction of the agreement; and (7) any other matter not in violation of public policy. B. A premarital agreement may not adversely affect the right of a child or spouse to support, a party's right to child custody or visitation, a party's choice of abode or a party's freedom to pursue career opportunities. History: Laws 1995, ch. 61, § 4.
NM Stat § 40-3A-5 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-5 - Effect of marriage.

A premarital agreement becomes effective upon marriage. History: Laws 1995, ch. 61, § 5.
NM Stat § 40-3A-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-6 - Amendment; revocation.

After marriage, a premarital agreement may be amended or revoked only by a written agreement signed and acknowledged by the parties or by a consistent and mutual course of conduct, which evidences an amendment to or revocation of the premarital agreement. The amended agreement or the revocation is enforceable without consideration. History: Laws 1995, ch. 61, § 6.
NM Stat § 40-3A-7 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-7 - Enforcement.

A. A premarital agreement is not enforceable if the party against whom enforcement is sought proves that: (1) that party did not execute the agreement voluntarily; or (2) the agreement was unconscionable when it was executed and, before execution of the agreement, that party: (a) was not provided a fair and reasonable disclosure of the property or financial obligations of the other party; (b) did not voluntarily and expressly waive, in writing, any right to disclosure of the property or financial obligations of the other party beyond the disclosure provided; and (c) did not have, or reasonably could not have had, an adequate knowledge of the property or financial obligations of the other party. B. An issue of unconscionability or voluntariness of a premarital agreement shall be decided by the court as a matter of law. History: Laws 1995, ch. 61, § 7. ANNOTATIONSPrenuptial agreement was unconscionable. — Where the parties signed a prenuptial agreement which provided that each party waived any right to be supported by the other party from the other party's property and that the parties had no claims for support, the agreement was unconscionable because it violated the public policy expressed in Subsection B of 40-3A-4 NMSA 1978. Rivera v. Rivera, 2010-NMCA-106, 149 N.M. 66, 243 P.3d 1148, cert. denied, 2010-NMCERT-010, 149 N.M. 64, 243 P.3d 1146.
NM Stat § 40-3A-8 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-8 - Enforcement; void marriage.

If a marriage is determined to be void, an agreement that would otherwise have been a premarital agreement is enforceable only to the extent necessary to avoid an inequitable result. History: Laws 1995, ch. 61, § 8.
NM Stat § 40-3A-9 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-9 - Limitation of actions.

Any statute of limitations applicable to an action asserting a claim for relief under a premarital agreement is tolled during the marriage of the parties to the agreement. However, equitable defenses limiting the time for enforcement, including laches and estoppel, are available to either party. History: Laws 1995, ch. 61, § 9.
NM Stat § 40-3A-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 3A - Uniform Premarital Agreement|Section 40-3A-10 - Application and construction.

The Uniform Premarital Agreement Act shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of that act among states enacting it. History: Laws 1995, ch. 61, § 10. ANNOTATIONSSeverability. — Laws 1995, ch. 61, § 11 provided that if any provision of the Uniform Premarital Agreement Act or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of that act which can be given effect without the invalid provision or application, and to this end the provisions of that act are severable.
NM Stat § 40-4-2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-2 - Incompatibility.

Incompatibility exists when, because of discord or conflict of personalities, the legitimate ends of the marriage relationship are destroyed preventing any reasonable expectation of reconciliation. History: 1953 Comp., § 22-7-1.1, enacted by Laws 1973, ch. 319, § 2. ANNOTATIONSDivorce must be decreed where incompatibility exists. — The legislature, acting properly within its powers, has established "incompatibility" as a ground for divorce and once such a finding is made that it exists, a divorce decree must be entered. Garner v. Garner, 1973-NMSC-067, 85 N.M. 324, 512 P.2d 84. Irreconcilableness important factor in incompatibility. — Although incompatibility is difficult, if not impossible, to define with exactness, irreconcilableness is an important factor to be considered in deciding incompatibility. State ex rel. DuBois v. Ryan, 1973-NMSC-097, 85 N.M. 575, 514 P.2d 851. Doctrine of recrimination as defense is abolished in proceedings where a divorce is sought on the grounds of incompatibility. Henceforth, evidence of any recriminatory act is only admissible to the extent that such act may have weight as proof on the issue of incompatibility as a ground for divorce. Garner v. Garner, 1973-NMSC-067, 85 N.M. 324, 512 P.2d 84. No deprivation of jurisdiction by cohabitation. — Evidence of cohabitation by the parties after filing a petition for divorce based on incompatibility did not deprive the court of jurisdiction, where the wife did not file an answer to the husband's complaint nor contest his allegation that the parties were in fact incompatible. Joy v. Joy, 1987-NMCA-031, 105 N.M. 571, 734 P.2d 811. Am. Jur. 2d, A.L.R. and C.J.S. references. — Recrimination as defense to divorce sought on ground of incompatibility, 21 A.L.R.2d 1267. What constitutes "incompatibility" within statute specifying it as substantive ground for divorce, 97 A.L.R.3d 989. 27A C.J.S. Divorce § 19.
NM Stat § 40-4-6 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-6 - Verification of petition.

The petition in all proceedings for the dissolution of marriage, division of property, disposition of children or alimony, must be verified by the affidavit of the petitioner. History: Laws 1901, ch. 62, § 26; Code 1915, § 2777; C.S. 1929, § 68-505; 1941 Comp., § 25-705; 1953 Comp., § 22-7-5; Laws 1973, ch. 319, § 6.
NM Stat § 40-4-7.1 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-7.1 - Use of life insurance policy as security.

In any proceeding brought pursuant to the provisions of Section 40-4-7 NMSA 1978 or in any other proceeding for the division of property or spousal or child support brought pursuant to the provisions of Chapter 40 NMSA 1978, the court may require either party or both parties to the proceeding to maintain the minor children of the parties or a spouse or former spouse as beneficiaries on a life insurance policy as security for the payment of: (1) support for the benefit of the minor children; (2) spousal support; or (3) the cost to equalize a property division in the event of the death of the insured on the life insurance policy. The court may also allocate the cost of the premiums of the life insurance policy between the parties. History: 1978 Comp., § 40-4-7.1, enacted by Laws 1993, ch. 110, § 1.
NM Stat § 40-4-7.3 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-7.3 - Accrual of interest; delinquent child and spousal support.

A. Interest shall accrue on delinquent child support at the rate of four percent and spousal support at the rate set forth in Section 56-8-4 NMSA 1978 in effect when the support payment becomes due and shall accrue from the date the support is delinquent until the date the support is paid. B. Interest shall accrue on a consolidated judgment for delinquent child support at the rate of four percent when the consolidated judgment is entered until the judgment is satisfied. C. Unless the order, judgment, decree or wage withholding order specifies a due date other than the first day of the month, support shall be due on the first day of each month and, if not paid by that date, shall be delinquent. D. In calculation of support arrears, payments of support shall be first applied to the current support obligation, next to any delinquent support, next to any consolidated judgment of delinquent support, next to any accrued interest on delinquent support and next to any interest accrued on a consolidated judgment of delinquent support. E. The human services department shall have the authority to forgive accrued interest on delinquent child support assigned to the state not otherwise specified in an order, judgment, decree or income withholding order if, in the judgment of the secretary of human services, forgiveness will likely result in the collection of more child support, spousal support or other support and will likely result in the satisfaction of the judgment, decree or wage withholding order. This authority shall include the ability to authorize the return of suspended licenses. History: Laws 1999, ch. 299, § 1; 2004, ch. 41, § 2. ANNOTATIONSThe 2004 amendment, effective May 19, 2004, amended Subsection A to delete "or consolidated in a judgment" at the end of the subsection, amended Subsection B to delete a reference to 59-8-4 NMSA 1978 and insert a four percent rate of interest and added a new Subsection E.
NM Stat § 40-4-10 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-10 - Appointment of guardian ad litem.

After service of summons and copy of petition on any insane spouse and on the guardian of his or her estate, the court shall appoint an attorney at law as guardian ad litem to appear for and represent the insane spouse. History: Laws 1933, ch. 27, § 2; 1941 Comp., § 25-711; 1953 Comp., § 22-7-8; Laws 1973, ch. 319, § 8. ANNOTATIONSCross references. — For appointment of guardian ad litem to defend suit for incapacitated person, see 38-4-15 NMSA 1978. For guardians of incapacitated person, see 45-5-301 to 45-5-315 NMSA 1978. For protection of property of persons under disability and minors, see 45-5-401 to 45-5-431 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 42 Am. Jur. 2d Infants §§ 155 to 194.
NM Stat § 40-4-11.2 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 4 - Dissolution of Marriage|Section 40-4-11.2 - Grounds for deviation from child support guidelines.

Any deviation from the child support guideline amounts set forth in Section 40-4-11.1 NMSA 1978 shall be supported by a written finding in the decree, judgment or order of child support that application of the guidelines would be unjust or inappropriate. A finding that rebuts the child support guidelines shall state the amount of support that would have been required under the guidelines and the justification of why the order varies from the guidelines. Circumstances creating a substantial hardship in the obligor, obligee or subject children may justify a deviation upward or downward from the amount that would otherwise be payable under the guidelines. History: 1978 Comp., § 40-4-11.2, enacted by Laws 1989, ch. 36, § 1; 2021, ch. 20, § 2. ANNOTATIONSThe 2021 amendment, effective July 1, 2021, required that a written finding that application of the child support guidelines would be unjust or inappropriate to state the amount of support that would have been required under the guidelines and the justification for the deviation from the guidelines; and added "A finding that rebuts the child support guidelines shall state the amount of support that would have been required under the guidelines and the justification of why the order varies from the guidelines".Deviation from the child support guidelines.- It is error to deviate from the child support guidelines in calculating the parties' gross incomes except as authorized by statute or appellate case law, and it is also error to deviate from the child support guidelines in any manner without providing written justification for such deviation. Jury v. Jury, 2017-NMCA-036. Where petitioner appealed the district court's denial of her motion to modify a 2010 child support decree that resulted from the dissolution of the marriage between petitioner and respondent, claiming that the district court's ruling resulted from its erroneous determination of the parties' gross monthly incomes and, by extension, child support obligations, reversal and remand for recalculation of the parties' gross monthly incomes was necessary to the extent that the district court improperly deviated from the child support guidelines in calculating the parties' gross monthly incomes and failed to specify the reasons for its decision in deviating from the child support guidelines. Jury v. Jury, 2017-NMCA-036. Child's income. — In allowing a credit against basic child support for off-schedule sources of income, such as social security benefits paid directly to the child, this section requires the trial court to exercise its discretion on a case-by-case basis, with the child's standard of living a crucial factor. Pederson v. Pederson, 2000-NMCA-042, 129 N.M. 56, 1 P.3d 974. Deduction of guardian fees from child support. — Guardian ad litem fees may not be deducted from child support. Grant v. Cumiford, 2005-NMCA-058, 137 N.M. 485, 112 P.3d 1142.