Dividing Marital Property Fairly and Equally

The law in New Mexico says that marital property belongs equally to each spouse. At The Family Law Firm in Albuquerque, New Mexico, we will help you determine what property belongs to the marital estate and how it can be divided.

Community Property Division Attorney
Contact Us for a Consultation ∙ 505.245.7200

Community property means there should be a 50-50 split of all marital property. That would be relatively easy if all property could be liquidated and the cash divided in half. That is almost never the case.

• Determine what is marital property: All property acquired during the marriage, no matter whose name is on the title, is marital property. There are two exceptions — inherited property and property received as a gift to one spouse. Marital property may include the home, other real estate, vehicles, retirement accounts including pensions, IRA accounts and 401k accounts, investments, savings and personal property such as jewelry and furniture.
• Determine the value of marital property: In dividing property equally, it is essential to know the value of all the assets so that each spouse receives a fair share. One spouse may want the house while the other spouse will ask for a comparable share of a stock portfolio or a savings account. Your attorney can recommend property appraisers who provide fair, reasonably priced appraisals.

When community property includes a business and/or extensive assets, discuss the issue with an attorney experienced with complex property division.

Both spouses should leave the marriage with a fair share of marital property. Our attorneys are thoroughly experienced in property division and will assure your rights are protected. Property division can provide the financial foundation you need for the next stage in your life.

If you need an effective and experienced divorce lawyer who knows how to protect your rights to marital property, we are available and prepared to represent you. Call or e-mail us to set up a consultation.