Legal Question in Family Law in New Mexico

Divorce- property

I have a vehicle that is in both my husband's and my name. I am supposed to get the car in the divorce but my husband says unless i get his name off it I am not able to leave property with it. We have already have two cars rolled over on loan so I cant trade in very easy, I can't sell cause It wont even be half of the loan I have. I was told I would have to refinace which I tried to do but I dont make enough so I can't.. I told him he could have it and refinance cause he has better job, then i can get another vehicle but he doesnt want to do it. I told him I could go home get 2 jobs and then try to refinace again but no. It is my only transportaion home so I need to have it. We are fileing for divorce on Thurs. I dont know what to do. Lawyers cost to much. Please help!!! ASAP

Asked on 3/10/09, 5:29 pm

1 Answer from Attorneys

George Chandler Chandler Law of Los Alamos

Re: Divorce- property

When you file for divorce you can ask the court to do a temporary allocation of income and property. That should be done with a mediator appointed by the court, and you both get to say what you need and see it divided fairly. The mediator is paid on a sliding scale.

You don't say where you live: if you live in Bernalillo Co. (second judicial district) or Santa Fe/Rio Arriba/Los ALamos (first judicial district) the courts have lots of forms on line and in the courthouse for pro se clients (pro se means without a lawyer. The web site for the first judicial district is firstjudicialdistrictdotcom (replace the "dot" with a ".") which has packets (go to "forms") that give very explicit instructions for which forms to use and how to fill them out, depending on whether you have children or not, and a lot of property or not.

Even if you're not in the first judicial district, you can use the forms and the instructions and just change the heading to the district you're in. Other parts of the state are harder to do without a lawyer. You can call Law Access New Mexico for help, they have a telephone helpline. I can't give you their phone number, you'll have to look it up in the phone book.

Don't let that sucker bully you. If your name's on the car you have as much right to use it as he does and you don't need his permission to take it off the property. If you have to you can get a temporary domestic order when you file that will require him to leave you alone and not deprice you of transportation.

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Answered on 3/10/09, 6:30 pm

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