When couples divorce, one of the biggest questions is: Who gets the house? For many families, the home is not only the most valuable asset but also the center of stability, memories, and comfort. Deciding who keeps it, or whether it must be sold, is one of the most emotional and complex parts of a divorce.
In New Mexico, property division follows community property law, which means courts focus on fairness and equal division. Here is what that means for your home.
Community Property Basics in New Mexico
New Mexico is a community property state. This means that most assets and debts acquired during the marriage belong equally to both spouses, regardless of whose name is on the title, deed, or mortgage.
If you purchased the home during your marriage, it is likely considered community property. A house owned before the marriage or received as a gift or inheritance may be classified as separate property, belonging to just one spouse.
Things become more complicated if separate and community property are mixed. For example, if one spouse owned the house before marriage but both contributed to mortgage payments or renovations afterward, the property may be partly community in nature.
How Judges Decide Who Gets the House
When dividing real estate in divorce, judges consider several factors.
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Equity and Value: The home may be appraised so the equity can be divided fairly.
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Ability to Afford the Home: If one spouse wants to keep the property, the court looks at whether they can refinance the mortgage and buy out the other spouse’s share.
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Children’s Best Interests: In custody cases, judges often prefer to keep children in the marital home for stability, which may affect who remains in the house.
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Division of Other Assets: Sometimes, one spouse keeps the home while the other receives assets of equal value, such as retirement accounts or investments.
If neither spouse can afford the property or agree on terms, the court may order the house sold and the proceeds divided.
Options for Dividing the Home in Divorce
Couples in New Mexico generally resolve home division in one of three ways.
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One spouse buys out the other. The buying spouse refinances the mortgage into their own name and pays the other for their share of equity.
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The house is sold and the proceeds are split. This is common when neither party can afford the mortgage alone.
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Temporary possession is awarded. One spouse may stay in the home for a set period, often the parent with primary custody, with a sale or division of equity postponed until later.
Why Legal Guidance Matters
Dividing real estate in divorce involves more than deciding who stays and who leaves. Mortgages, deeds, equity, and tax consequences must all be addressed carefully to avoid costly mistakes.
At Genus Law Group, we help clients in New Mexico protect their property rights, understand community property rules, and negotiate fair solutions. Whether you want to keep the house or sell it, we guide you through every step of the process.
Call Genus Law Group Today
If you are facing divorce and wondering what will happen to your home, do not make assumptions. Get legal advice tailored to your situation. Call Genus Law Group at 505-317-4455 or reach out online. We will help you understand your options, protect your assets, and secure the best outcome for your future.
