Is New Mexico a community property state?
Yes. New Mexico is a community property state: property acquired by either or both spouses during the marriage is community property unless it is separate property, such as property owned before marriage or received by gift or inheritance.[1]
- At divorce
- Not in statute
No statute we read sets a division rule
What New Mexico’s statutes say
Dividing property at divorce
We didn’t find a New Mexico statute that says how a court divides community property at divorce, so we don’t state a rule here. The definitions below are from the statute.
Community property
Community property is property acquired by either or both spouses during the marriage that is not separate property.[1]
“Except as provided in Subsection C of this section, ‘community property’ means property acquired by either or both spouses during marriage which is not separate property.”[1]
NMSA 1978, § 40-3-8(B) · checked October 26, 2026
Separate property
Separate property includes property acquired before marriage or after a dissolution decree, and property acquired by gift, bequest, devise or descent, among other listed categories.[1]
“property acquired by either spouse before marriage or after entry of a decree of dissolution of marriage …”[1]
NMSA 1978, § 40-3-8(A) · checked October 26, 2026
Not legal advice. Plain-English summaries of New Mexico’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in New Mexico.
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Sources
New Mexico’s statutes, read on the official site (or an official court source where the line says so), with the date we checked them.