Legal Question in Family Law in New Mexico

Re: Divorce/ home ownership

To answer your question in a word "NO." A person has to have a vested interest in something in order to fight for it. (I think his vested interest is in you - clearly, not your property). Also, if you signed the documents after you were married, the title company should have had him sign a "Sole and Separate Property Agreement." It's a paper that says even though we are married this property is the sole and separate property of the wife. If you were married and the documents were in both of your names even though all the credit was established by virtue of your credit and your job then yes, he is a part owner but, he is also a partner in the debt associated with the loan. Your lawyer can probably take a look at the documents and clean it all up for you. Just make sure that what you signed is what your deal was as agreed upon.

He also has to have the money to hire a lawyer to fight for something like the house. So, from your note it sounds like he doesn't have anything in the first place (no vested interest) and he probably does not have the money to hire a lawyer. If he does, in fact, have money to spend and hire a lawyer to try and keep the house (i.e., take it away from you) then you may want to consider letting him have it. While I realize this is not the answer you are looking for you may want to consider it as an option. He is hurt because the marriage didn't work out and he wants to hurt you back. If your response is "hey, taking the house ain't gonna hurt me" then he may start looking for another tactic. Unfortunately, getting a divorce can sometimes involve as many games as the very game you were trying to get away from. Ultimately, my advice is talk to a family lawyer and figure out the most easy manner and method to achieve your goal.

Look at some of my previous replies to this bulliten board about how to find a lawyer in your town or city. Get a lawyer and get the guy out of your house and move on. Everybody is entitled to one good doozy of a mistake. Count this one as yours and move on.

Good luck.