Legal Question in Family Law in New Mexico
I need a couple of questions on my rights. My husband and I are in agreement of a divorce but he says that he wants full custody and wont give me the one car that he traded in while we were married. The car is only in his name do I have any rights to my kids or the car?
1 Answer from Attorneys
You have a right to your kids. The Court will grant custody in varying degrees depending on the age and circumstances of the kids, but the default is joint custody 50/50. You own half the community property (property acquired during your marriage by income earned by either of you) and if you cannot decide how to split the property the court can decide it for you. If he keeps the car then you get something that compensates for it. Good idea for you to consult a lawyer - try Law Access New Mexico, a free telephone legal service 18008901165.