Legal Question in Landlord & Tenant Law in New Mexico

My husband and I separated, he moved into an apartment signed a lease and then moved out before the lease was up. Now the apartment complex is suing me for the contract. I did not sign anything.\n\nAm I liable, they are saying it\'s community property state and I am.


Asked on 7/30/09, 2:17 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

New Mexico is indeed a community property state, and one spouse is liable for the necessities purchased by another. A place to live is such a necessity. You can join him in the lawsuit against you as a defendant, or you can file for divorce and have the obligation worked out in that context. But if you do nothing, you can expect a judgment against you for the balance of the unpaid lease and any associated costs contained within it.

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Answered on 8/05/09, 6:07 pm


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