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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]

Property system
Community

Community property defined in NMSA 1978, § 40-3-8(B)[1]

At divorce
Not in statute

No statute we read sets a division rule

What New Mexico’s statutes say

  1. 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.

  2. 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

  3. 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

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Divorce in New Mexico

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.

  1. NMSA 1978, § 40-3-8(B) (NMOneSource, New Mexico Compilation Commission)nmonesource.comchecked ↩