Understanding a ‘Dismissed with Prejudice' Ruling in New Mexico Partition Cases
How a Final Dismissal Affects a Partition Lawsuit in New Mexico Detailed Answer If a judge enters a dismissal "with prejudice" in a partition action in New Mexico, the court has ended the case on a final basis and the plaintiff cannot bring the same partition claim again between the same parties. In practical terms, […]
Read article →How to Force Sale or Division of Co‑Owned Real Property After Divorce in New Mexico
Detailed Answer — Your options to force sale or divide property you still co‑own after divorce in New Mexico If you and your ex still co‑own real property after a divorce, New Mexico law gives several routes to divide or sell that property. Which option fits best depends on how the title is held, what […]
Read article →How to File a Partition Action to Force Sale of a Late Parent’s House in New Mexico
Can I force the sale of my late father’s house in New Mexico? A step‑by‑step FAQ Short answer: Yes—under New Mexico law a co‑owner can ask the district court for a partition action that divides the property or forces its sale when division in kind is impractical. Which route is appropriate depends on how title […]
Read article →Selling Property in a Partition Action — New Mexico
Disclaimer: This is general information, not legal advice. Consult a licensed New Mexico attorney about your specific situation before taking legal action. Detailed Answer This section explains how a court-ordered sale of real property typically works when co-owners cannot agree and one or more ask a New Mexico court to partition the property. Keep in […]
Read article →How to Offer a Buyout to Co‑Owners in a New Mexico Partition Case
How to Offer a Buyout to Co‑Owners During a New Mexico Partition Case Disclaimer: This article is informational only and is not legal advice. I am not a lawyer. If you need legal advice about your specific situation, consult a licensed New Mexico attorney. Short answer — can you make an offer before the court […]
Read article →New Mexico: What to Do When an Heir Refuses to Leave or Sell an Inherited Property
Detailed Answer When multiple people inherit the same piece of real property in New Mexico, the usual legal status is that they become co-owners (most commonly tenants in common). Each co-owner has an equal right to possess the whole property, but none can exclude the others without a court order. If one heir moves into […]
Read article →New Mexico: What to Do If the Other Owner Asks the Court Only to Sell the House (No Buyout Terms)
What to do when a co-owner asks the court only for a sale of the house in New Mexico Short answer: you have options — respond to the lawsuit, ask the court for a buyout or partition in kind, seek appraisal and accounting, propose settlement or mediation, and protect liens and mortgage obligations. Courts often […]
Read article →How to Refinance and Buy Out a Co‑Owner in New Mexico
Understanding the Process to Refinance and Buy Out a Co‑Owner in New Mexico Quick answer: To buy out a co‑owner in New Mexico, the most common path is to (1) agree on a buyout price, (2) the remaining owner obtains a refinance (or other financing) in their name to pay the co‑owner their share, (3) […]
Read article →How to Force a Co‑Owner Sale in New Mexico: Partition Actions and Next Steps
Overview This article explains how a co-owner can force the sale of jointly owned real property in New Mexico when a co‑owner refuses to continue mediation. It explains the legal path most owners use (a partition action), the evidence and steps you will need, likely timelines and costs, and alternatives you should consider. This is […]
Read article →New Mexico: Options to Divide or Force Sale of Co‑Owned Farmland When Heirs Disagree
How to divide or force the sale of co-owned farmland when heirs can’t agree — New Mexico FAQs Quick answer: In New Mexico, co‑owners who cannot agree about farmland typically have three broad options: negotiate a voluntary resolution (sale or buyout), seek court‑ordered partition in kind (physical division) if feasible, or ask the court for […]
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