Legal Question in Family Law in New Mexico

Support, etc., related to common law marriage

It sounds like you are referring to what we in "common law" states (of which NM is NOT one, I believe). In my state (NC) common law marriage, or the equivalent (where persons live together as man and wife long enough and under such circumstances as to be considered as married under the law). I assume (but do not know) that if persons are considered "married" under the law, that they have the same rights and obligations as do regularly married couples. In my state (NC) a husband who is not the father of the children is not legally obligated to support them in any way that I know of. He could literally let them starve, I suppose, except that he would have the obligation to report such things to the authorities (DSS in NC). He does not take on any obligation to them because he is married to their mother, although step parents often take it upon themselves to do so. If he adopts them, of course, that is a different situation. Now, if the man owns the house and wants the woman out of it, I don't know why (in NC) he couldn't have her evicted through the court system. If, however, state law considers them as married, he'd better consult an attorney first. For research, go to the public library and to the local law library (which may be in the courthouse near where you live).

There ain't no such thing as an informal marriage

If NM recognizes common law marriages started in that state - then you are married - if NM does not recognize comon law marriages, then you were merely living in "sin." First you must determine if the state where your conjugal relationshio commenced recognized common law marriages, or if any state you lived in recognized them. If not 1) without a written lease you can probably be evicted 2) if the're not his kids - no support for them and if you were not a party to a common law marriage no support for you