Detailed Answer

This section explains, in clear steps, what information and documents most New Mexico attorneys will ask for when preparing to file a partition action involving jointly owned real property. The goal of a partition action is to divide or sell property owned by two or more people when they cannot agree on its use or disposition. Providing organized, complete documents up front speeds evaluation, reduces attorney time, and improves your chance of a favorable outcome.

Who must be supplied to your lawyer

Full legal names of all current owners (including any former names) and their last known addresses and contact information.
Identity of anyone with an interest in the property besides the owners: lienholders, mortgagees, judgment creditors, lessees, tenants, heirs, trustees, or anyone claiming adverse possession.
If any owner is deceased, the decedent’s death certificate and probate or trust matter information (case number, personal representative or trustee contact).
Known heirs, beneficiaries, and any trustee or fiduciary (with contact details).

Essential property title and identification documents

Deed(s) showing how each owner holds title (warranty deed, quitclaim deed, trustee’s deed, etc.). If you have a copy of the recorded deed, provide that; if not, provide parcel/tax ID and county.
Legal description of the property and county assessor parcel number (APN or PID).
Title insurance policy and recent title search or abstract (if available).
Survey, plat map, or boundary map. If no survey exists, provide any evidence of boundaries (old survey stakes photos, boundary agreements).

Financial encumbrances and tax records

Mortgage and loan documents (promissory note, deed of trust, payoff statements, escrow account statements).
Statements showing property tax payments and any tax liens.
Judgment liens, mechanics’ liens, IRS or state tax liens, or other recorded encumbrances.
Homeowners association (HOA) documents: covenants, conditions and restrictions (CC&Rs), HOA contact and account statements.

Occupancy, use, and income documents

Current leases, rental agreements, tenant security deposit records, and rent roll if the property is rented.
Records of who actually occupies the property and any written or oral possession agreements.
Proof of mortgage, tax, utility, or insurance payments made by any co-owner (cancelled checks, bank records, receipts) showing contributions to upkeep or mortgage.

Improvements, repairs, and maintenance documents

Receipts, contracts, permits, and photographs for improvements, major repairs, or construction (these can affect equities among co-owners).
Invoices and payment records for materials or labor that a co-owner paid.

Agreements, communications, and dispute history

Any written co-ownership agreement, partnership agreement, operating agreement for an LLC, buy-sell agreement, or memorandum of understanding among the owners.
Copies of written notices, demand letters, settlement offers, or correspondence among the owners about dividing or selling the property.
Records of prior lawsuits, lis pendens filings, judgments, or bankruptcy filings affecting any owner.
Names and contact information for witnesses to agreements or facts (neighbors, contractors, accountants).

Evidence relevant to your requested remedy

If you want partition in kind (physical division) or a sale, provide any appraisals, broker price opinions, or comparative market analyses you have.
Evidence supporting claims of inequitable contribution or reimbursement (proof you paid more than your share for mortgage, taxes, improvements).
Any evidence of waste, damage, or unequal use (photos, communications, inspection reports).

Practical and procedural items

Your preferred outcome and any deadlines or urgent issues (e.g., pending foreclosure, tax sale).
Proof of identity for you and any signing authority (driver’s license, passport).
Copies of insurance policies for the property and insurance claim history.
Bank account or escrow information if the attorney will handle initial funds or pay filing fees.

How the documents are used under New Mexico law

Under New Mexico law, a partition action lets a co-owner ask the court to divide property fairly or order its sale when division is impractical. The court uses title records, surveys, and evidence of contributions and use to determine whether to divide the land in kind or sell and divide the proceeds. Your lawyer will review deeds, recorded liens, and probate or trust instruments to identify all necessary parties to name in the complaint and to ensure proper service.

For statutory text and procedural framework, consult the New Mexico legislative resources and court rules. The New Mexico Legislature hosts statute information at https://www.nmlegis.gov/ and the New Mexico Courts provide procedural resources at https://www.nmcourts.gov/. Your lawyer will cite the specific statutes and rules that apply to your case.

Typical timeline and immediate priorities

Initial review: attorney organizes documents, confirms parties, and orders a title search and, if needed, a current survey.
Pre-filing steps: counsel typically sends a demand letter or attempts negotiation or mediation if appropriate.
Filing and service: once the complaint is filed, all identified parties must be served with process.
Discovery and valuation: appraisal, depositions, or written discovery may follow to value the property and allocate equities.
Resolution: possible settlement, partition in kind, or sale through court-supervised process with proceeds distribution. Court timelines vary with complexity.

Cost considerations

Be ready to pay for:

Title search and recording fees.
Survey and appraisal fees.
Court filing costs and service fees for each defendant.
Attorney fees, discovery costs, and costs to preserve or repair property while litigation proceeds.

Important statutory and procedural resources

For statutory language and guidance, a lawyer will rely on the New Mexico statutes and court rules. Check the New Mexico Legislature website for statutes: https://www.nmlegis.gov/. For court forms, local rules, and procedural information, see the New Mexico Courts: https://www.nmcourts.gov/. Your attorney will cite the precise New Mexico statutes and case law that apply to the facts of your matter.

Disclaimer: I am not a lawyer and this information is not legal advice. This article provides general information about common documents and facts attorneys usually request when preparing a partition case in New Mexico. Consult a licensed New Mexico attorney for advice specific to your situation.

Helpful Hints

Start early: order a current title search and survey as soon as possible. These often reveal necessary parties and costs.
Organize files chronologically and keep digital copies. Use folders: Title, Mortgages/Liens, Taxes/Assessments, Leases, Communications, Improvements, and Financial Contributions.
Make a written timeline of events and a concise summary statement of the dispute for your lawyer—this saves time and fee hours.
Collect originals of deeds and vital documents when possible; provide certified copies of death certificates, probate orders, or trust instruments.
Preserve evidence: keep receipts, photographs, and correspondence. Do not destroy or alter documents or property evidence, even if informal agreements exist.
Identify everyone with a potential claim. Missing a party can delay or invalidate the outcome.
Consider mediation or negotiation before filing. Partition suits can be costly; sometimes a buyout or settlement is faster and cheaper.
Ask about costs and fee structure. Partition cases can involve additional expenses for appraisals, surveys, and lender payoffs.
Notify your attorney immediately of any foreclosure, tax sale notice, or other urgent deadlines affecting the property.
Use secure file transfer methods for sensitive documents. Confirm how your attorney will protect confidential information.