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Property Characterization and Allocation

Practice Areas

Equitably Dividing Your Property

How Is Property Divided in New Mexico?

New Mexico is a "community property state." The significance of that general legal principle is that first we start with the presumption that all property owned by the divorcing couple belongs to both the parties. This is accurate in some marriages, but typically there are complicating factors which carve out many exceptions to this
"general rule."

 

The opposite of "community property" is "separate property" (property acquired prior to marriage or gifted or inherited during the marriage, or specified as separate property in a pre-nuptial agreement or post-nuptial agreement).

 

Even more common are the mixed-assets which have some elements of separate characterization and some elements of community characterization (a down payment on a house made with mostly inherited money of the Wife and some community income earned by the Husband during the marriage). These are the more difficult assets to allocate in a divorce and often require the assistance of a financial expert.

 

The process of property distribution is a complex process, even in amicable divorces. The complexity of property distribution can be mitigated through cooperative negotiation. When spouses empower themselves to divide the property according to what they believe is fair between each other, they avoid the potentially unpredictable
decision of the court. Though state laws have been designed to provide for spouses what is fair, no one knows your own situation better that you and your spouse.

 

Looking for Legal Help?

Request a consultation with our family law attorney today.

 

Our Divorce Attorney Can Fight For What’s Rightfully Yours

 

At Claire Sanderson Hanna Law Firm, her experience in divorces makes her deeply familiar with how property is evaluated, calculated, and allocated. She can represent you to ensure that you receive what is fair.

 
She knows that certain financial situations are far more complicated than they appear - she can make your voice heard in divorce proceedings, either in court or in negotiations.

 

She is highly-skilled in discovery and negotiation, meaning we can make sure that each and every asset that ought to be divided is counted. For property distribution cases of all kinds, you can count on the insight of Claire Sanderson Hanna.

 

If you are considering a trial separation, contact the family law attorneys at Claire Sanderson Hanna Law Firm. Put her experience to work for you by calling (505) 243-0900.

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One Executive Center
8500 Menaul NE, Suite B-550
Albuquerque, NM 87112
t: (505) 243-0900
f: (505) 243-5785
Email: channa@nmdivorce.com

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