Property Division


Guiding You Through Property Division in New Mexico

Are you facing the challenge of dividing your property during a divorce in New Mexico? At Sandia Family Law, our experienced team of Albuquerque property division lawyers is here to guide you through this intricate process. We understand that property division can be emotionally and financially complex, and our goal is to provide you with the knowledge and legal support you need to achieve a fair and equitable resolution. 

Call Sandia Family Law today at (505) 544-5126 or contact us online to schedule a meeting with our property division attorney in Albuquerque!

What is Property Division?

Property division involves determining how marital assets and debts will be distributed between the spouses. In New Mexico, this division is subject to the state's community property laws. Simply put, community property refers to assets and debts acquired during the marriage. These include:

  • Real estate (such as the family home or other properties)
  • Personal property (such as vehicles, furniture, and jewelry)
  • Financial assets (savings accounts, retirement accounts, stocks, and bonds)
  • Business interests
  • Debts (credit card debts, mortgages, and loans)

Property division is not limited to just the physical and financial assets mentioned above; it also encompasses various other factors that must be considered when assessing the overall picture. Our Albuquerque property division lawyers have extensive experience handling these matters and can help you navigate the complexities of property division in New Mexico.

How is Property Divided in New Mexico?

New Mexico operates under a community property system, meaning marital assets and debts are typically divided equally between the spouses during a divorce. However, it is essential to understand that "equally" does not necessarily mean a 50-50 split of each asset and debt. Instead, it signifies a fair and just distribution based on the unique circumstances of the case.

It's crucial to identify and categorize assets and debts as either community property or separate property. Separate property includes assets and debts acquired by one spouse before the marriage, gifts or inheritances received individually during the marriage, and property covered by a prenuptial or postnuptial agreement. This separate property is typically not subject to division during divorce proceedings.

Community property, on the other hand, encompasses assets and debts acquired during the marriage. To determine a fair division, the court considers factors such as:

  • The duration of the marriage
  • Each spouse's financial and non-financial contributions to the marriage
  • The age and health of each spouse
  • The income and earning potential of each spouse
  • The tax consequences of the division
  • Any agreements or arrangements between the spouses

The court's primary objective is to ensure an equitable distribution of property, taking into account the specific circumstances of the case. Our Albuquerque property division lawyers have a deep understanding of New Mexico's property division laws and can help you build a strong case to protect your interests.

Property Division Process in New Mexico

Navigating the property division process in New Mexico can be complex and emotionally challenging. Here is a brief overview of the steps involved:

  • Identify and Value Assets: The first step is to inventory all marital assets and debts, including their value. This may require professional appraisals or valuations for certain assets, such as real estate or business interests.
  • Categorize Property: Distinguishing between community and separate property is crucial. Our Albuquerque property division lawyers can help ensure that assets and debts are correctly categorized.
  • Negotiation and Settlement: Spouses may attempt to agree on property division through negotiation or mediation. Our experienced attorneys can help facilitate productive discussions and develop fair settlement options.
  • Court Intervention: If spouses cannot agree on property division, the court will intervene. The judge will consider the earlier factors to determine a fair and equitable division of assets and debts.
  • Execution of the Division: Once a property division order is issued, it must be executed. This may involve transferring titles, changing beneficiary designations, or making financial arrangements to comply with the court's decision.
  • Post-Divorce Adjustments: It's essential to ensure that all property division agreements are correctly implemented and address any issues.

At Sandia Family Law, we understand the complexities of the property division process in New Mexico. We are committed to providing our clients with the support and legal expertise they need to navigate this challenging process successfully.

Contact Our Albuquerque Property Division Attorney Today

Property division is a critical aspect of any divorce, and in New Mexico, it follows community property laws. Achieving a fair and equitable division of assets and debts can be a complex and emotional journey. Our Albuquerque property division lawyers at Sandia Family Law are here to guide you through this process, ensuring your interests are protected and your rights are upheld.

Contact Sandia Family Law today to schedule a consultation with our property division lawyer in Albuquerque!



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