Property Division Attorney in Albuquerque, NM
Going through a divorce in Albuquerque means facing property division, which is one of the most critical and contentious issues in the situation. Ashton Law, PC—an Albuquerque property division lawyer—understands the stress and uncertainty that comes with dividing marital assets.
As a community property state, New Mexico law requires a generally equal division of assets acquired during the marriage. Skilled legal representation is essential in protecting your financial future. Our dedicated team of Albuquerque family lawyers guides clients through the process to make sure their rights are protected and that they achieve a fair outcome in the settlement.
Hire a Property Division Lawyer
The decision to hire a property division lawyer during a divorce is essential. An experienced property division lawyer helps you avoid overlooking hidden assets, undervaluing property, or agreeing to an unfair settlement. Your attorney offers skill in identifying marital property and can bring challenges to improper classifications and negotiate or litigate for your fair share.
Complex property division cases that include situations like commingling separate and community property, business valuation, or division of retirement benefits require highly-trained and highly-skilled professionals who understand the intricacies of New Mexico’s laws around these topics. Hiring a property division lawyer early in the process guards against costly mistakes and prolonged legal battles.
The Albuquerque property division lawyers at Ashton Law, PC, protect clients’ financial interests. Providing clients with compassion on a personal level and clarity on a legal level, we work to secure your future.
Don’t let life’s uncertainties dictate your future. Protect what matters most with Ashton Law, PC.
Community Property in New Mexico
Community property laws in New Mexico apply to all property acquired during the marriage, and are generally divided equally upon divorce. Property includes earned income, real estate purchased during the marriage, vehicles, investments, and even credit card or mortgage debt accrued during the marriage.
The growth in Albuquerque is reflected in the housing market. Up 1.5 percent in the last year, home values in the area average $336,595, according to Zillow. The continual uptrend in real estate values underscores the importance of having an advocate on your side.
Separate Property and Marital Exceptions
Separate property, on the other hand, remains with the original owner. Things like assets owned before marriage, gifts or inheritances received individually, and any property that’s designated as separate in a written prenup or postnup agreement can remain separate in a property division settlement.
How Commingling Can Affect Property Classification
Importantly, separate property can become community property when commingling occurs. Depositing inheritance funds into a joint account or using marital funds to improve or pay the mortgage on a pre-marital home can affect the property status.
Contact Ashton Law, PC, to make informed decisions today.
Property Division Disputes
New Mexico courts aim for equitable division of assets. In rare cases where the court finds a strict down-the-middle 50/50 split as inequitable, judges exercise their discretion. Length of the marriage and economic need are among the factors affecting the outcome. Fault and infidelity don’t play into the property division formula. Whatever the situation, Ashton Law, PC understands the details and nuances affecting your case to build strong arguments for your interests.
In Albuquerque, cases are handled in the Second Judicial District Court. In uncontested cases, the process could take months. In cases with heavy disputes, Ashton Law, PC emphasizes efficient resolution while fiercely advocating for your interests.
Contact Ashton Law, PC Today
If you’re facing divorce and want to protect your assets and your financial future, reach out to us to schedule a time to discuss your case. Let us help you to protect what you’ve built as you move forward in the next chapter of your life.
