Can a Life Tenant Stay in a House During Partition? — New Mexico
Detailed Answer Short answer: Under New Mexico law, a life tenant ordinarily keeps the right to occupy the property during the life estate, and that right does not automatically end because a co-owner files a partition action. However, a partition action can result in physical division, sale, buyout, or a court order changing possession. The […]
Read article →Filing a Partition Action in New Mexico When Co-Owners Won’t Respond
Disclaimer: This is general information only and is not legal advice. Consult a licensed New Mexico attorney for advice about your specific situation. Detailed Answer What a partition action does A partition action is a court case that divides or sells real property owned by two or more people (for example, co-owners, heirs, or beneficiaries […]
Read article →New Mexico — Court-Appointed Commissioner and Private Sale When Co-Owners Disagree
FAQ — Court-Ordered Private Sale When Co-Owners Cannot Agree This FAQ explains how a court handles a private sale of one owner’s share when co-owners in New Mexico disagree. It summarizes the common steps, what a court-appointed commissioner does, your practical rights, and how to protect your interest. This is educational information only and not […]
Read article →New Mexico: Forcing the Sale of an Inherited Parcel When a Co-Owner Refuses to List
Detailed Answer When a family member who co-owns an inherited parcel refuses to list it for sale, New Mexico law provides a court-based remedy called a partition action. This is the usual legal path to force the sale (or division) of jointly owned real property when co-owners cannot agree. What a partition action does A […]
Read article →New Mexico: Paperwork Needed to Prove House Expenses in a Partition Case
Detailed Answer — What paperwork helps prove house expenses in a New Mexico partition action This section explains, in plain terms, the documents a co-owner should gather and how to present them to a New Mexico court when seeking credit or reimbursement for money spent on a jointly owned house in a partition case. This […]
Read article →Requiring a Co-Owner to Produce Mortgage Statements & Repair Receipts Before Dividing Sale Proceeds — New Mexico
Short answer You may demand an accounting from a co-owner of mortgage payments, liens, and repair expenses, and you can ask that sale proceeds be held or distributed only after those items are resolved. However, you generally cannot unilaterally withhold or divert sale proceeds without an agreement or a court order. If the co-owner refuses […]
Read article →New Mexico: Forcing Sale of a Co-Owned House — Partition, Sale, and Next Steps
Understanding Partition Actions and Options for Co-Owned Real Property Disclaimer: This is general information only and is not legal advice. I am not a lawyer. For advice about your situation, consult a licensed New Mexico attorney. Detailed Answer Overview — what a forced sale (partition) means When multiple people legally own the same house and […]
Read article →How to File a Partition Action in New Mexico to Divide Inherited Real Property
Partition actions in New Mexico: clear steps to divide inherited property when a co-owner refuses Detailed Answer This section explains, in plain language, how to start and pursue a partition action in New Mexico to divide inherited real property when a co-owner will not cooperate. The explanation assumes no prior legal knowledge and uses a […]
Read article →How to File a Partition Action in New Mexico to Force Sale or Seek a Buyout
Understanding the Partition Process in New Mexico: Forcing a Sale or Seeking a Buyout Disclaimer: This article is educational only and does not constitute legal advice. For guidance about your specific situation, consult a licensed New Mexico attorney. Short answer If you own an undivided share of your parents’ home in New Mexico (typically as […]
Read article →Can I Force a Sale of Inherited Property When Heirs Refuse to Mediate or Sign? — New Mexico
Detailed Answer If some co‑owners or heirs refuse to participate in mediation or decline to sign off, you still generally have a legal pathway in New Mexico to force a sale of real property: a court‑ordered partition. A partition action is a lawsuit in which a co‑owner asks the district court to divide the property […]
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