Legal Question in Family Law in New Mexico

I am in the middle of a civil case with my sister. My father distributed his assets while he was alive. She is now suing me for half of the house my father gave me. We have to get an appraisal because we have a mediation scheduled. Her attorney indicated that both her and my sister will be present at the appraisal. I own this property solely. Do I have to allow them to enter my property? I have no problem with the appraiser, but I have a major problem allowing them access to my property. Is there a law I can site to avoid allowing them to access my property. Thanks


Asked on 4/27/14, 5:55 pm

1 Answer from Attorneys

John Watson John Watson, Attorney at Law

First and foremost, get yourself a lawyer. If the facts are as you state them your lawyer can probably shut this down relatively quickly. However, It occurs to me that one of the questions everyone will want answered, and the deed conveying the property to you should demonstrate this, is when did the transfer of property take place? Next, how soon after your father conveyed the property did he pass on? If you were living with him and he transferred the property one day and passed on a few days later - that's going to raise some eyebrows and the court will want some questions answered. If you are in court (probate or district) the other side can ask the court for permission to enter the property with the appraiser but I think I am on your side on this one. There is no reason why they should be entering the property. They are not appraising it nor are they there to influence the appraiser; and depending on what exactly is being appraised, if it is real estate (as you indicate) the appraiser can do his or her job without any of you being there. You may need to file a motion and ask the court to issue an order directing them to stay outside of the property when the appraiser shows up. Or, in the alternative, you can call the police if they try to enter your property without your permission.

I hope this helps you get on track with this matter.

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Answered on 4/27/14, 7:50 pm


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