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Call us at: (505) 881-2566
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How is property divided in New Mexico?

Mary Ann R. Burmester’s Answer

During divorce, property must be identified, characterized as “separate” or “community”, and divided between the spouses. “Real property” consists of real estate that has a deed, such as a house, condominium, townhouse, land, mineral rights, and water rights. “Personal property” is pretty much everything else such as vehicles, motorcycles, boats, RVs, pets or livestock, etc. – things that normally have a title – as well as personal possessions like clothing, appliances, electronics, jewelry, art work, collectibles, and more.

The names on the deed or title are not necessarily definitive in saying whether the item is separate or community property. Here’s how it generally works.

Property you owned before you were married or that you received by gift or inheritance during the marriage is your separate property, and the proceeds of separate property remain separate property. For example, if you owned a house before marriage and you rented it out while married, the rent money continues to be your separate property as long as you didn’t use the rent money to pay for community debts or to put toward purchasing community property. You have to be able to trace or otherwise show exactly what rent money came from the rental house.

All property acquired while married is presumptively community property – including retirement benefits that build up during the marriage. Income earned after the wedding is also considered community property, even if only one spouse is employed. The person claiming something is separate property, or the proceeds of separate property, has the burden of proving it.

Sometimes couples, mix-up separate and community property so much that it cannot be traced.
Ask an experienced divorce lawyer to help you sort through and characterize your property.

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I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.
2017-03-31T16:04:38+00:00
I appreciate everything Mary Ann and her team have done for my children, and myself, which entailed so much. Everyone’s support was wonderful, and so needed, during such a brutal, emotional, and heartbreaking time.   M.F.

I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could...
2017-03-31T16:22:11+00:00
I just wanted to take a moment to thank you for your representation. I can’t tell you how confident and comfortable I felt having you represent me and the peace of mind that brought was worth more than I could have imagined.  I never once felt that you were working without my best interests in mind and contrary to my ex-husband’s experience, the expenses incurred were reasonable and fair, and I believe you were diligent about not incurring additional costs unless they were absolutely necessary.   A.N.

The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when...
2017-04-03T10:55:47+00:00
The day I walked into your office I did not believe that my life would take such a toil on my life, the fact and promise you made that you would never leave my side at any point even when I just couldn’t find the strength to open emails because it was so painful to read has defined a new beginning for me.  I am back in NM and I will never look back thinking that he got the best of me, because you kept your promise to me and because I am doing it; I am living life again!D.A. D.A.

Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional,...
2017-04-03T10:56:15+00:00
Going through a divorce is an agonizing process, the emotional distress was overwhelming at times and the financial implications only exacerbated my anxiety. On top of that I had to hire a lawyer and hope that they would be professional, reliable and honest. I found that at NM Divorce & Custody and can’t express how fortunate I felt to have had Mary Ann Burmester’s representation in what I thought was going to be a quick divorce. Mary Ann is sharp, knowledgeable and honest. She gave me recommendations that I felt comfortable in taking and I never felt her representation didn’t have my best interests in mind. Mary Ann was an excellent advocate when my husband’s lawyer was requesting things from me that were completely unnecessary and had no purpose other than escalating expenses. She and her team were on top of things from day one, leaving me no doubt I’d made the right choice. I’d recommend them to absolutely anyone. A.B.

I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in...
2017-04-03T10:56:42+00:00
I want to give NM Custody & Divorce LLC a HUGE THANK YOU, for your professionalism, but most of all your patience and kindness. My experience with your firm was amazing start to finish, in such a difficult time in my life, your team made me feel supported not just legally but with your concern. Ms. Burmester is an amazing women and attorney her and your firm have my highest recommendation!!   C.S.