Legal Question in Family Law in New Mexico

Re: Community Property

This is very nearly a classic law school test question. The

reason why it sounds like a test question is because the answer

is both yes and no. . . depending on your circumstances. So,

I will give you a very short version of the answer. First, if

the property is in your name, paid in full and he contributes

nothing to it's upkeep then you could be married for

50 years (okay, I'm stretching a bit) and it would still

be your property. However, (this is the NO part) if he

contributes, as your spouse, to upkeep, or payments

or maintenance then he will have a "community property

interest" in your separate property. The use of the

words here is very important. Note that it stays your

separate property. But, note that he has acquired or

gained an interest (that should be read as a money

interest) in something that belongs to you. So, the

answer is . . . it can still belong to you but you

may end up owing him money for the time, effort,

expense that he contributed to this thing that

belongs to you. The basis here is that if he

helped pay for or take care of something that

belonged to you then you should compensate him

for the care or expense he put out on your behalf.

And, in case you are starting to think okay, all

I have to do is tell the judge what a bum he is

and how he never did nothing to help out around

here. If you are thinking that. . . go see a lawyer.

Pay the money to speak with a lawyer on this point.

The reason why is because NOBODY will believe you

because everyone will believe you are not telling

the truth or if you are telling the truth then

you are only telling your truth but not the ultimate

truth. A good family lawyer can help point out and

explain what is meant by my answer here. But, the

reality is that the truth to you is not always the

truth as seen from someone else's eyes.

Good luck with your property, marriage and life.