New Mexico Statutes 42-5A-3. Applicability; relation to other law
A. The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2017.
Terms Used In New Mexico Statutes 42-5A-3
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
B. In an action to partition real property under N.M. Stat. Ann. Chapter 42, Article 5, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under the Uniform Partition of Heirs Property Act unless all of the cotenants otherwise agree in a record.
C. The Uniform Partition of Heirs Property Act supplements N.M. Stat. Ann. Chapter 42, Article 5 and, if an action is governed by the Uniform Partition of Heirs Property Act, replaces provisions of N.M. Stat. Ann. Chapter 42, Article 5 that are inconsistent with the Uniform Partition of Heirs Property Act.