Sole And Separate Property Agreement And Conveyance

Neither the man nor the woman can transfer the real estate without the other. – The court cannot, at this stage, transfer or transfer the property of the community without the other being involved in such promotion or transfer, and if such a transfer or transfer of such real estate from the community can only be carried out by the husband or wife. , such a transfer or such transport is non-actuary and inefficient. Mark v. Marquez, 1973-NMSC-084, 85 N.M 470, 513 p.2d 713. Non-responsibility: Legal issues are complex. The information provided here does not constitute legal advice and is not intended for it; Instead, all the information, content and content available on this website is only used for general information purposes. A real estate agent cannot give advice on how a person should accept ownership of a property. If you have any questions, speak to a lawyer. The husband did not question the validity of the assignment or the creation of a separate property. In a sign that he based his entire file on the issue of credit repayment, the husband testified that he signed the deed voluntarily, without inappropriate influences, and had a master`s degree in economics, and intended the property to be the woman`s separate property.

The spouse`s failure to sign a ticket did not exclude a subsequent charge. – Subsection A should not be construed as requiring both spouses to participate in the creation of a Community debt, solely on the grounds that a subsequent judgment on the debts could weigh on community real estate. To the extent that The common law of New Mexico suggests otherwise, these decisions are overturned. Accordingly, the court did not err in ordering the judicial sale of the spouse`s home in order to individually succeed the creditor bank`s judgment in the husband`s imputation. Huntington Nat`l Bank v. Sproul, 1993-NMSC-051, 116 N.M 254, 861 p.2d 935. In our discussion with the title company, we heard about another case where an older couple had registered a reverse mortgage. During the closure, the woman unknowingly signed a separate sole agreement. The husband died and the bank tried to close the property because the wife did not technically own the property. Imagine that you pay for your home and you have a reverse mortgage to help cash out your earlier years, just to see you thrown out of your home because you didn`t know you had signed up. The signatures of both spouses are required.

– Contracts for the transfer of part of the collective real estate are unsigned, unless they have been signed by their husbands and wives. Hannah v. Tennant, 1979-NMSC-009, 92 N.M 444, 589 pp. 2d 1035. The effect of a spouse`s signature on the change of plan can have no other effect than to compel his separate property and his share of the Community`s personal property to repay the obligation covered in the communication, since he does not have the power to incriminate community property for his repayment without the other spouse`s membership.