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Are There Legal Consequences to Committing Adultery in California? While some states have made adultery illegal, California is not one of them. On its own, adultery or cheating by either spouse is not likely to affect a divorce in California.
Separate property is property that is owned by one spouse and not the other. There are two categories of marital property; community property, and separate property. Community property is when spouses share all property equally.
In some states, there are waiting periods and adultery can affect those. There is no waiting period in New Mexico, and adultery is not an issue in the state.
Community Property Law Two items that would not be considered community property, however, are gifts or inheritanceseven if that gift was given or that inheritance was received during the marriage.
New Mexico is a community property state and also an equitable distribution state. This means that marital assets and debts are generally split 50/50 between the spouses unless another division is agreed by the spouses.
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When an Affair Can Affect Your Divorce. An affair in itself is not reason enough for a judge to award you a bigger share of the pie when it comes to marital assets. However, if your spouse wastefully dissipated assets, a judge would likely give you a greater share to make up for the loss.
In New Mexico, Louisiana, Arizona, California, Texas, Washington, Idaho, Nevada, and Wisconsin all property acquired during the marriage is considered community property, meaning it is owned by both spouses equally.
In a community of property marriage, all assets and liabilities belonging to you and your spouse are merged together into one joint or communal estate, subject to a few exceptions. For instance, if a will stipulates that an inheritance should not form part of the joint estate, then that inheritance must be excluded.
Only Hawaii, North Carolina, Mississippi, New Mexico, South Dakota, and Utah still recognize either of these causes of action. And even in these states, there are usually heat balm statutes that limit the amount the injured spouse may recover.
Assets inherited by one partner in a marriage can be considered separate and owned only by that partner. However, inheritances can be ruled as marital property jointly owned by both partners and, therefore, subject to division along more or less equal lines in the event of a divorce.

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