Guardian ad Litem for Unknown or Unlocatable Heirs in New Mexico Partition Actions
Can a Court Appoint a Guardian ad Litem for Unknown or Unlocatable Heirs in a New Mexico Partition Action? Short answer Yes. In New Mexico partition cases, a court can protect the legal interests of unknown, unlocatable, unborn, minor, or legally incapacitated heirs by appointing a guardian ad litem (GAL) or other representative and by […]
Read article →Starting a Partition Lawsuit for Inherited Land in New Mexico
FAQ: What to do when co-owners refuse to agree on dividing inherited land Short answer: If co-owners of inherited land in New Mexico cannot agree on dividing or selling the property, one owner can ask a New Mexico district court to force a partition. The court can order a physical division of the land (partition […]
Read article →How to Divide or Force Sale of Co-Owned Farmland in New Mexico
Frequently Asked: How co-owners split or force the sale of farmland in New Mexico Short answer: Co-owners typically try to agree on a division or buyout first. If they cannot, New Mexico law allows a court to order a physical division (partition in kind) or, if division is impractical, a sale with proceeds divided among […]
Read article →New Mexico: Documents and Information to Provide Your Lawyer to Start a Partition Case
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 […]
Read article →How can I get my share of the net proceeds after the partition sale of a co-owned house? (NM)
FAQ: Getting Your Share of Net Proceeds After a Partition Sale in New Mexico Short answer: After a court-ordered partition sale in New Mexico, your share of the net proceeds is usually paid out according to the court's final decree. The clerk of the court or a designated commissioner will pay off liens and sale […]
Read article →What are my options for avoiding a court-ordered partition in New Mexico (NM) while still getting paid my full share?
Detailed Answer: How to avoid a costly court-ordered partition in New Mexico and still get paid your full share This FAQ-style guide explains practical, legal, and financial options available under New Mexico law when you and one or more co-owners (tenants in common or joint tenants) own real property together and you want to avoid […]
Read article →How will the sale proceeds be divided among co-owners after the property is sold in a partition? (NM)
How will sale proceeds be divided among co-owners after a partition sale in New Mexico? Short answer: After a court orders a partition sale in New Mexico, the sale proceeds are used first to pay liens, mortgages, property taxes, and the costs of the sale (including court costs and any attorney fees the court awards). […]
Read article →How can I file a partition-for-sale suit in New Mexico when a minority of the siblings won’t agree to sell our inherited land?
Partition-for-Sale in New Mexico: How to force sale when some siblings refuse Disclaimer: I am not a lawyer. This article explains general New Mexico law for educational purposes only and is not legal advice. Consult a licensed New Mexico attorney about your specific situation. Detailed Answer — How to file a partition-for-sale suit in New […]
Read article →Who should be listed as petitioners on the partition lawsuit? (NM)
Detailed Answer — Who must be listed as parties in a New Mexico partition action In a partition lawsuit under New Mexico law, the plaintiff(s) who start the lawsuit are the petitioners. Petitioners should include any person or entity that holds an ownership interest in the property and who wants the court to divide the […]
Read article →What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? (NM)
What happens if mediation fails and I need to file a partition action to force the sale of our jointly owned land? Short answer: If mediation fails in New Mexico, a co-owner can ask a New Mexico district court to force a partition of the property. The court will decide whether the land can be […]
Read article →