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Dividing up property yourselves List your belongings. Working together, make a list of all of the items that you own jointly. Value the property. Try to agree on the value of anything worth more than a specific agreed amount, say $100 or $500. Decide on the logical owner. Get the judges approval.
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.
In New Mexico, all property acquired during the marriage is considered community property and must be divided equally. That means if you purchased your home after you were married, you and your spouse share equal ownership. This gets more complicated if one party owned the home before the marriage.
Under the community property regime, there is an absolute 50/50 split of all property and debts between the parties.
You Are Not Legally Required to Move Out of the House You may be wondering, Can my husband/wife force me out of our home during divorce. Answer: No.
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New Mexico is a no-fault divorce state which means the misbehavior of the parties during the marriage has no bearing on the division of the property and debt on dissolution of the marriage. Though it may seem unfair, it is the law.
New Mexico is a community property state. This means that any property that belongs to the marriage must be split equally between the spouses when they divorce. Likewise, all debts incurred during the marriage (with the exception of gambling debts) belong to both spouses equally.
In New Mexico, all property acquired during the marriage is considered community property and must be divided equally. That means if you purchased your home after you were married, you and your spouse share equal ownership. This gets more complicated if one party owned the home before the marriage.
The Family Law Act states that the division of assets in a divorce must be just and equitable. Due to this, you should not assume that your assets will be split 50/50. This is because there is a lot to consider when it comes to dividing assets, including starting assets, current and past incomes, health and age.
In a New Mexico divorce, there is a rebuttable presumption that all property that is acquired during marriage, with the exception of inheritances and gifts, is community property and is therefore subject to an equal division between the parties.

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