Legal Question in Real Estate Law in New Mexico

Mortgage Refinance

I am looking into refinancing my home. I want to do it as a sole ownership property in the state of new mexico. I just want to know if I pass away does my wife have any rights to the home or do we need to have a will or trust in order for her to have rights?


Asked on 9/23/08, 3:00 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Mortgage Refinance

NM is a community property state. Any asset or debt acquired during the course of the marriage is the property of the community. Each partner also has a homestead exemption in the community residence. I doubt you will be able to refinance without your spouse's signature. Also, you should indeed have a trust, will or deed to ensure your spouse's interest should you own the house as your sole and separate property.

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Answered on 9/23/08, 3:10 pm


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