Legal Question in Family Law in New Mexico

Community Property State

In a community property state, where a couple who have lived together 13 years and one partner decides to vacate the household, which is mortgaged solely in the remaining partners name, what obligations are entitled to the vacating party as far as monetary compensation, if vacating party seizes to pay for any household expenses, maintenance or other obligations? Can this end up in civil court for force of sale to provide vacating partner funds or can the obligation, if any be distributed if the property conveys at a later date?

Thanks in advance for the consideration.


Asked on 4/05/03, 11:47 am

1 Answer from Attorneys
John Watson John Watson, Attorney at Law

Re: Community Property State

Your question is not complete. Community property issues only come into question when someone is married under the laws of the state and they (the married persons) are either getting divorced or they are buying something. There are only 12 community property states of the 50 states in the USA. Your question does not state that the parties are married and further seems to suggest that they are not married. Additionally, your question is framed in the context that the parties are separated but you do not state that divorce is or has been discussed. If they are not married go back to the top of this question. If they are married please so state and then restate the question supplying information as whether one or both parties have discussed divorce. If the parties are not heterosexual please so state and we can give a closer answer as to the state of current law.

Thanks and good luck.

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Answered on 4/06/03, 12:11 pm


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