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New Mexico Statutes > Chapter 40 > Article 3 – Property Rights

§ 40-3-1 [Law applicable to property rights.]
§ 40-3-2 [Methods for holding property.]
§ 40-3-3 [Separation of property; admission to dwelling of spouse.]
§ 40-3-4 Contracts of indemnity; no obligation of community property unless signed by both husband and wife
§ 40-3-5 Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action
§ 40-3-6 Short title
§ 40-3-7 Purpose of act
§ 40-3-8 Classes of property
§ 40-3-9 Definition of separate and community debts
§ 40-3-9.1 Gambling debts are separate debts of spouse incurring debt
§ 40-3-10 Priorities for satisfaction of separate debts
§ 40-3-10.1 Unreasonable debt
§ 40-3-11 Priorities for satisfaction of community debts
§ 40-3-12 Presumption of community property; presumption of separate property where property acquired by married woman prior to July 1, 1973
§ 40-3-13 Transfers, conveyances, mortgages and leases of real property; when joinder required
§ 40-3-14 Management and control of other community personal property
§ 40-3-15 Joinder of minor spouse in conveyances, mortgages and leases
§ 40-3-16 Disposition and management of real property without joinder and management of community personal property subject to management of one spouse alone where spouse has disappeared
§ 40-3-17 Judgments to be recorded

Terms Used In New Mexico Statutes > Chapter 40 > Article 3 - Property Rights

  • Bequest: Property gifted by will.
  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • Devise: To gift property by will.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent

New Mexico Statutes > Chapter 40 > Article 3 – Civil Provisions of General Application

§ 40-6A-301 Proceedings under the Uniform Interstate Family
§ 40-6A-302 Proceeding by minor parent
§ 40-6A-303 Application of law of state
§ 40-6A-304 Duties of initiating tribunal
§ 40-6A-305 Duties and powers of responding tribunal
§ 40-6A-306 Inappropriate tribunal
§ 40-6A-307 Duties of support enforcement agency
§ 40-6A-308 Duty of attorney general
§ 40-6A-309 Private counsel
§ 40-6A-310 Duties of state information agency
§ 40-6A-311 Pleadings and accompanying documents
§ 40-6A-312 Nondisclosure of information in exceptional circumstances
§ 40-6A-313 Costs and fees
§ 40-6A-314 Limited immunity of petitioner
§ 40-6A-315 Nonparentage as defense
§ 40-6A-316 Special rules of evidence and procedure
§ 40-6A-317 Communications between tribunals
§ 40-6A-318 Assistance with discovery
§ 40-6A-319 Receipt and disbursement of payments

Terms Used In New Mexico Statutes > Chapter 40 > Article 3 - Civil Provisions of General Application

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
  • Oath: A promise to tell the truth.
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

New Mexico Statutes > Chapter 40 > Article 3 – Enforcement

§ 40-10A-301 Definitions
§ 40-10A-302 Enforcement under Hague Convention
§ 40-10A-303 Duty to enforce
§ 40-10A-304 Temporary visitation
§ 40-10A-305 Registration of child-custody determination
§ 40-10A-306 Enforcement of registered determination
§ 40-10A-307 Simultaneous proceedings
§ 40-10A-308 Expedited enforcement of child-custody determination
§ 40-10A-309 Service of petition and order
§ 40-10A-310 Hearing and order
§ 40-10A-311 Warrant to take physical custody of child
§ 40-10A-312 Costs, fees and expenses
§ 40-10A-313 Recognition and enforcement
§ 40-10A-314 Appeals
§ 40-10A-315 Role of prosecutor or public official
§ 40-10A-316 Role of law enforcement
§ 40-10A-317 Costs and expenses

Terms Used In New Mexico Statutes > Chapter 40 > Article 3 - Enforcement

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Statute: A law passed by a legislature.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.

New Mexico Statutes > Chapter 40 > Article 3 – Voluntary Acknowledgment of Paternity

§ 40-11A-301 Acknowledgment of paternity
§ 40-11A-302 Execution of acknowledgment of paternity
§ 40-11A-303 Denial of paternity
§ 40-11A-304 Rules for acknowledgment and denial of paternity
§ 40-11A-305 Effect of acknowledgment or denial of paternity
§ 40-11A-306 No filing fee
§ 40-11A-307 Proceeding for rescission
§ 40-11A-308 Challenge after expiration of period for rescission
§ 40-11A-309 Procedure for rescission or challenge
§ 40-11A-310 Ratification barred
§ 40-11A-311 Full faith and credit; acknowledgement or denial of paternity
§ 40-11A-312 Forms for acknowledgment and denial of paternity
§ 40-11A-313 Release of information
§ 40-11A-314 Adoption of rules

Terms Used In New Mexico Statutes > Chapter 40 > Article 3 - Voluntary Acknowledgment of Paternity

  • Fraud: Intentional deception resulting in injury to another.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.