New Mexico § 40-3-12 Presumption of community property; presumption of

New Mexico Statutes

§ 40-3-12 — Presumption of community property; presumption of

New Mexico § 40-3-12

Ch. 40Domestic Affairs

Art. 3Property Rights

This text of New Mexico § 40-3-12 (Presumption of community property; presumption of) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-3-12 (2026).

Text

separate property where property acquired by married woman prior to July 1, 1973.

A.Property acquired during marriage by either husband or wife, or both, is presumed to be community property.

B.Property or any interest therein acquired during marriage by a woman by an instrument in writing, in her name alone, or in her name and the name of another person not her husband, is presumed to be the separate property of the married woman if the instrument in writing was delivered and accepted prior to July 1, 1973. The date of execution or, in the absence of a date of execution, the date of acknowledgment, is presumed to be the date upon which delivery and acceptance occurred.

C.The presumptions contained in Subsection B of this section are conclusive in favor of any person dealing in good fai

Free access — add to your briefcase to read the full text and ask questions with AI

separate property where property acquired by married woman prior to July 1, 1973. A. Property acquired during marriage by either husband or wife, or both, is presumed to be community property. B. Property or any interest therein acquired during marriage by a woman by an instrument in writing, in her name alone, or in her name and the name of another person not her husband, is presumed to be the separate property of the married woman if the instrument in writing was delivered and accepted prior to July 1, 1973. The date of execution or, in the absence of a date of execution, the date of acknowledgment, is presumed to be the date upon which delivery and acceptance occurred. C. The presumptions contained in Subsection B of this section are conclusive in favor of any person dealing in good faith and for valuable consideration with a married woman or her legal representative or successor in interest.