Legal Question in Landlord & Tenant Law in New Mexico
My husband and I separated, he moved into an apartment signed a lease and then moved out before the lease was up. Now the apartment complex is suing me for the contract. I did not sign anything.\n\nAm I liable, they are saying it\'s community property state and I am.
Asked on 7/30/09, 2:17 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
New Mexico is indeed a community property state, and one spouse is liable for the necessities purchased by another. A place to live is such a necessity. You can join him in the lawsuit against you as a defendant, or you can file for divorce and have the obligation worked out in that context. But if you do nothing, you can expect a judgment against you for the balance of the unpaid lease and any associated costs contained within it.
Answered on 8/05/09, 6:07 pm