Quick answer: New Mexico is a community property state, one of the nine the IRS lists. Property acquired during the marriage is community property, and on dissolution the district court has a duty to divide the community property as equally as possible, although “mathematic exactitude” is not required (Bustos v. Bustos, 1983-NMSC-074, applying Michelson v. Michelson). Each spouse is an equal beneficiary of the community’s gain. The Community Property Act (NMSA 1978, § 40-3-8) treats property a spouse owned before the marriage or received by gift or inheritance as separate property, which is not divided; the court can still allow a reasonable portion of either spouse’s property as spousal support (§ 40-4-7(B)(1)) and can set apart property or income for the children’s maintenance and education (§ 40-4-7(B)(3)). Community funds put into separate property can give the community an interest in it.
What the New Mexico law says
- As equally as possible. The court’s duty is to divide the community property equally, without exact arithmetic.
- Title at acquisition. Property takes its character, community or separate, at the time and manner of acquisition.
- Children and support. The court may set apart property for the children and allow property as spousal support.
How the calculator works
You enter the community property and debts each spouse holds and each spouse’s separate property, which is left out of the division. The calculator adds up the community estate, divides it equally and shows the payment between the spouses; you can move the slider to test another split. The reasoning is in community property and equal division, separate property and commingling and dividing assets and debts.
Property and spousal support
The property awarded to each spouse is a factor in spousal support. See the New Mexico alimony calculator.
Property division across New Mexico
The rules apply in every New Mexico district court, from Albuquerque, Las Cruces, Rio Rancho, Santa Fe, Roswell or Farmington.
Frequently asked questions
Is New Mexico a community property state?
Yes. The IRS lists New Mexico among the nine community property states, and the district courts divide community property as equally as possible.
Does New Mexico split property 50/50 in a divorce?
Community property is divided as equally as possible, without the need for mathematical exactitude.
Is an inheritance divided in a New Mexico divorce?
No. Property received by gift or inheritance is separate property and is not divided.
Does fault change the New Mexico property division?
No. The Supreme Court has held that community property rights are not forfeited by a spouse's misconduct.
What happens if community money improves separate property in New Mexico?
The community can acquire an interest in it, so keep records tracing the funds.