Legal Question in Wills and Trusts in New Mexico

back in 2004 my kids dad and i bought a house together. i moved out 2 yrs ago and about 2 months ago he told me he took my name off the house. he nolonger lives there his sisters friend and her kids are staying there mean while our 2 kids and i are living with my mom in a 2 bedroom small trailer when i own a house. what are my rights?


Asked on 9/06/09, 2:41 pm

1 Answer from Attorneys

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

If your name was on the deed, there is no legal way he could "take your name off the house." If you were married, then because NM is a community property state, you own 50% of everything you and he jointly acquired during your marriage. Check with the County Clerk of the county the house is located in, and see what the deed says. They will tell you how. If you are on the deed, consult a domestic relations lawyer about what to do. If you don't know one, call the State Bar of NM and they will provide you with a list of such lawyers in your area.

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Answered on 9/11/09, 5:25 pm


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