Legal Question in Family Law in New Mexico
I bought a home in my name after I was married; does my husband own it also?
1 Answer from Attorneys
Depends on the source of the money that went into the property and whether you have made any written agreements regarding ownership of the property. If you bought it with community funds it's community property. Remember that community funds includes money you earned while you were married. If you bought it from your separate property money, that is money you inherited or had before marriage,(and payments have been made from separate funds also) then it's separate property. If you used both separate and community money to purchase sometimes upon divorce the courts will let you split it depending on whether you can accurately trace your separate money. Other rules could apply if you're trying to determine if the property is at risk from debt collectors. Even if you bought it with community funds he could agree that it is your separate property - in writing - but that would not protect it from debt collectors of community debts or his separate debt.