Legal Question in Family Law in New Mexico
My wife and I married with a prenup that stated the house we were living in was her property unless the house was refinanced. Well, she took out an equity loan as sole and separate property. We are now looking to divorce and I'm wondering if I have a claim to the house as shared property.
1 Answer from Attorneys
Hard question to answer without looking at the documents. If the prenup meets the statutory requirements it will prevail. It will be a question of fact for the court to determine whether the loan she took out satisfies the prenup "unless" clause you cite. Other factors that could enter in would be who made payments on the loan, who used the proceeds, were you separated or living together at the time of the loan, and was the house her separate property before you were married. Too many things to answer your question definitively in this forum. See a lawyer with the documents.
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