Legal Question in Family Law in New Mexico

There are legal answers to life and there are practical answers to life. So, before I provide answers I will ask a question, or two. Did you two agree on a list of items in writing and that list identifies what is your property and what is his property? Did you agree that everything on the list is all of the property that is being exchanged as between the two of you? Did you agree in writing on a day in which the property is being exchanged? You say you life in Fort Sumner but you did not say where is the house where the property is located.

If you answered yes to all of the questions above then the only thing you should be doing is (a) bring a witness; & (b) collect your private property. Bring a witness & bring your list. If the owner will speak to you then have the owner also be a witness that (a) you have a list and (b) you are picking up everything on the list. If everything on the list is not (physically) there for you to pick up then you can have both witnesses sign and attest that (a) they saw you pick up everything that was there that was on the list and (b) there we items on the list that were not their for you to pick up.

If small (b) "there we items on the list that were not their for you to pick up" - is what happens then you thank the witnesses and on Monday morning you file a motion for order to show cause. You can attach a copy of your Order for Exchange; a copy of the list of divided property and a copy of the list that the two witnesses signed and ask the court to enter an a judgment against the ex and ask for fees and costs associated with getting you into court. Plus, ask the court to direct the EX to deliver the remaining property to you. Ask the court to make an order directing the man to bring the remaining items to you.

Hope this helps.

Law Guru