New Mexico Community Property Division Guide

New Mexico is one of only nine community property states in the United States. Under NMSA 40-4-7, courts divide community property equitably between spouses. While community property principles apply, New Mexico courts have discretion to reach a fair result—not necessarily a strict 50/50 split. Understanding these rules is essential whether you're pursuing an uncontested or contested divorce.

What Is Community Property?

In New Mexico, community property includes virtually everything acquired during the marriage that isn't separate property:

• Income earned by either spouse during marriage
• Real estate purchased with community funds
• Vehicles, furniture, and personal property
• Retirement accounts and pensions earned during marriage
• Vacation and sick leave—both are divisible community property
• Disability retirement pay

Property acquired during marriage is presumed to be community property. The spouse claiming property is separate must prove it.

What Remains Separate Property?

Separate property is not subject to division and includes:

• Property owned before marriage
• Gifts received by one spouse
• Inheritances
• Property designated separate by written agreement
• Property declared separate by court order

Separate property will be confirmed to its owner by the court in the divorce decree.

Quasi-Community Property

New Mexico recognizes quasi-community property—assets acquired in another state that would have been community property if acquired in New Mexico. If both spouses are New Mexico residents at the time of divorce, quasi-community property is treated as community property for division purposes.

Equitable Division—Not Always 50/50

While New Mexico is a community property state, courts divide property equitably—meaning fairly based on circumstances. Factors may include:

• Each spouse's contributions to the marriage
• Economic circumstances of each party
• Duration of the marriage
• Tax consequences of the proposed division

Community Debts

Like property, debts incurred during marriage are presumed to be community debts and must be equitably allocated. This includes credit cards, mortgages, and personal loans.

Undivided Property After Divorce

If community property was overlooked in your divorce decree, you may file a Petition to Divide Undivided Community Property. Important deadlines:

• 4-year statute of limitations applies to most property
• Retirement benefits—no time limit applies
• Real property—no time limit applies

The Family Home

Learn more about who gets the house in a divorce and how New Mexico courts handle real estate division.

Estimate Your New Mexico Divorce Costs

Property division complexity affects overall divorce costs. Use our calculator for a personalized estimate:

Next Steps

Understanding New Mexico's community property system is essential for protecting your financial interests. Key takeaways:

• New Mexico is a community property state
• Property acquired during marriage is presumed community
• Division is equitable—not necessarily 50/50
• Quasi-community property is treated as community
• 4-year limit to divide omitted property (exceptions for retirement/real estate)

For official forms and court information, visit the New Mexico Courts Self-Help Center. Review the New Mexico divorce timeline to understand the process. Consulting with a New Mexico family law attorney is recommended for divorces involving significant assets.