New Mexico § 42-5A-3 Applicability; relation to other law

New Mexico Statutes

§ 42-5A-3 — Applicability; relation to other law

New Mexico § 42-5A-3

Ch. 42Actions and Proceedings Relating to Property

Art. 5AUniform Partition of Heirs Property

This text of New Mexico § 42-5A-3 (Applicability; relation to other law) 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. § 42-5A-3 (2026).

Text

A.The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2017.

B.In an action to partition real property under Chapter 42, Article 5 NMSA 1978, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under the Uniform Partition of Heirs Property Act unless all of the cotenants otherwise agree in a record.

C.The Uniform Partition of Heirs Property Act supplements Chapter 42, Article 5 NMSA 1978 and, if an action is governed by the Uniform Partition of Heirs Property Act, replaces provisions of Chapter 42, Article 5 NMSA 1978 that are inconsistent with the Uniform Partition of Heirs Property Act.

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A. The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2017. B. In an action to partition real property under Chapter 42, Article 5 NMSA 1978, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under the Uniform Partition of Heirs Property Act unless all of the cotenants otherwise agree in a record. C. The Uniform Partition of Heirs Property Act supplements Chapter 42, Article 5 NMSA 1978 and, if an action is governed by the Uniform Partition of Heirs Property Act, replaces provisions of Chapter 42, Article 5 NMSA 1978 that are inconsistent with the Uniform Partition of Heirs Property Act.