Legal Question in Family Law in New Mexico

Re: Abandonment divorce

The short answer is maybe yes, maybe no. If you get a divorce under the conditions you described and you are awarded the property and if you either own the property or you pay off the debt on the property then you could have the deed changed to your name alone. However, if you (and she) have a loan on the property then her name will remain on the loan until certain steps have occurred. Those steps are you refinancing the property, paying off the property or somehow convincing the loan maker to remove her name. The main point here, and maybe the actual answer to your question is that a judge can divorce you and your wife and make an order about the property as between the two of you but a judge cannot change the deal between you and your mortgage lender.

Good luck.