Disclaimer: This article is for educational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation.
Detailed Answer
Under New Mexico law (NMSA 1978, Section 42-5-1 42-5-1), a co-owner of real property can seek a partition when multiple relatives own land and cannot agree on its use or division. Here are the key steps:
- Identify All Parties: List every co-owner with a legal interest in the property, including heirs and natural persons or entities.
- Perform a Title Search: Obtain a certified title report or abstract to confirm all current owners and any liens or encumbrances.
- Draft the Petition: Prepare a complaint for partition in the district court where the property sits. Include:
- Property description (legal description, parcel number).
- Names and addresses of all co-owners.
- Nature of ownership (joint tenancy, tenants in common).
- Relief sought (division of land or sale).
- Signature and verification by the petitioner.
- File the Complaint: Submit your petition in the appropriate county’s district court clerk’s office. Pay the filing fee (varies by county) and obtain a case number.
- Serve the Defendants: Serve each co-owner with a summons and copy of the complaint under New Mexico Rules of Civil Procedure, Rule 1-004. If any co-owner cannot be located, publish notice as permitted by Rule 1-004(D).
- Waiting Period and Answers: Each defendant has 30 days to file a written answer. If no answer arrives, you may request a default under Rule 1-055.
- Case Management Conference: The court may schedule a conference to set deadlines for discovery, mediation, or settlement discussions.
- Appointment of a Commissioner: If the court orders physical division, it will appoint a land commissioner or surveyor. See NMSA 1978, Section 42-5-2 (42-5-2).
- Partition or Sale: The commissioner will survey and propose a division plan. If land cannot be divided fairly, the court may order a public sale and divide the proceeds among the owners according to their interests.
- Final Judgment: The court signs a judgment of partition or sale. The clerk issues deeds or distributes sale proceeds per the judgment.
Helpful Hints
- Gather the full legal description from your deed or county assessor’s office.
- Notify all co-owners early to encourage settlement and avoid contested litigation.
- Consider mediation before filing to save time and costs.
- Keep copies of all filings, service documents, and correspondence.
- Consult a real estate attorney if you face disputed ownership or complicated lien issues.