This form is a post-nuptial agreement between husband and wife. A post-nuptial agreement is a written contract executed after a couple gets married, to settle the couple's affairs and assets in the event of a separation or divorce. Like the contents of a prenuptial agreement, it can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce, death of one of the spouses, or breakup of marriage.
New Mexico Spouses' Mutual Disclaimer of Interest in each Other's Property with Provision for Use of Family Residence by one Spouse
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However, as you are not married, your ex-partner cannot make an automatic claim against the property he has to prove that he has an interest in it, or has acquired one.
Generally, in community property states, money earned by the spouses during marriage and all property bought with those earnings are considered community property. Likewise, spouses are equally responsible for debts incurred during marriage.
New Mexico is a community property state. This means that any property that belongs to the marriage must be split equally between the spouses when they divorce. Likewise, all debts incurred during the marriage (with the exception of gambling debts) belong to both spouses equally.
If your ex-partner owns the family home in their name alone, you don't have an automatic legal right to stay there. They can: evict you without getting a court order. rent out or sell the home without your agreement.
What Is Considered Separate Property and Debt in New Mexico? New Mexico law defines separate property as any property that was: Acquired by either spouse before marriage or after entry of a decree of dissolution of marriage or legal separation.
Jointly owned assets will usually be split between you 50/50 or in accordance with any agreement you have made. Money or property in your partner's sole name will be presumed to belong to them alone, unless you can prove otherwise.
If you've bought the property and own it jointly, so both of your names are on the property ownership papers, you should be able to keep living there and also be entitled to half the value of the property. This is regardless of how much money you contributed to it when you bought it.
Generally speaking, when your partner moves into your home, the ownership of your possessions, savings, and investments are unaffected. If you owned something before your partner moved in, it continues to be solely your property.
When you're married you're automatically entitled to a share of your partner's assets. This means you have a legal right over the property, even if you're not the legal owner. If you want to protect assets that you bring into the marriage, you should consider getting a prenuptial or postnuptial agreement.
New Mexico's Community Property laws mean that any earnings or debts originating before or after the period of marriage will be considered separate property. Everything earned or bought during the marriage will have to be split 50/50.