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mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 589
Experience:  Practicing attorney with 26 years of experience.
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I was married and divorced in New Mexico, a state with tenants

Customer Question

I was married and divorced in New Mexico, a state with tenants in common law. What is the time limit or requirement for the duration of a marriage before tenants in common law can be applied? In other words, do you have to be married 5 years, or 10 years to be able to apply the law?
Submitted: 3 years ago.
Category: Family Law
Expert:  FiveStarLaw replied 3 years ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*


My name is XXXXX XXXXX I am an attorney here to provide you with legal information.

If at any time the information which I provide is not clear to you or does not fully answer your question, please ask me for clarification by using the reply button. When we are done, please take a moment to click the rating tab to rate my work. My goal is EXCELLENT and I hope your rating reflects that.

Tenancy in common is a type of ownership of property. Are you inquiring about common-law marriage? If not could you please explain further
Customer: replied 3 years ago.
Yes, I was married, and also divorced in New Mexico for a short period, 1 1/2 years. Is tenants-in-common law applicable for that short of a period of time?
Expert:  FiveStarLaw replied 3 years ago.
Thank you for your clarification.

New Mexico no longer recognizes a common-law marriage as permitted to be established in New Mexico. Therefore there is no need for a divorce action to end the relationship

I think this is what you wanted to know. Please let me know if I have answered your question or whether you would like further information
Customer: replied 3 years ago.
Wow, you are completely confused by my question.You did not answer my question at all!!! I did not ask you about common law marriage. I was LEGALLY married, by a judge, in court and as I've stated, I was legally divorced. New Mexico has joint tenancy...I don't think you know what I'm talking about. Joint tenancy is where if property or monies were obtained during the marriage, and it was a legal marriage, we have to split whatever we received 50-50. What state are you in and are you an attorney?
Expert:  FiveStarLaw replied 3 years ago.

Sorry for the confusion. This is the reason that I had asked for clarification of your original question.

Let's start over.

Divorce severs the joint tenancy and creates a tenancy in common.
Customer: replied 3 years ago.
Yes, let's start over. You asked me to clarify if I had been legally married. Well, in the first sentence I stated I had been legally married and divorced. Now, you answer is that divorce severes the joint tenancy and creates a tenancy in common. That was NOT my question, this is not an answer. I know there is tenancy in common. You've just told me what I already know and I don't really want to pay $40.00 for something I already know. My question is this: is there a time limit for tenancy in common to apply. Does the marriage have to be for 5 years for it to apply? You can re-read my original question, for that is what I asked. If you want further detail please let me know. Thank you.
Expert:  FiveStarLaw replied 3 years ago.
I am going to open your question to the other experts as we appear to be having a communication problem. Your account has not been charged
Customer: replied 3 years ago.

Okay, I wouldn't think this was too difficult. I have to step away from the computer for 1/2 hour, so please feel free to take you time. You can get back to me with an answer later on today or tomorrow if you'd like. You can use my email:

XXXXX@XXXXXX.XXX or use this venue. Thank you. Jayne

Expert:  mkc1959 replied 3 years ago.
There is no time limit for a tenancy in common. Whether a tenancy in common exists depends on how title to the property was obtained.

A good article explaining ownership in New Mexico can be found at

If you have additional questions please let me know.
Customer: replied 3 years ago.

Hi Kent,

Thank you for an answer. There was no property, meaning real estate, land or homes, involved. My former husband invested heavily in an upstart business venture with another person while we were married, I worked at the business, too. He was not a partner during the time of our marriage. He invested a lot of marital monies that could have gone to our enjoyment. Then, just as the business took off, he divorced me, joined the firm, was made a partner and he was to receive a hefty amount a couple of months after the divorce. He stated that I shouldn't receive anything from this new venture since the marriage was a short one, 1 1/2 years. However, I did quite a bit of administrative work for him in this new venture and I used some of my savings and charged items on my credit card so that he could use the funds he had to invest in it. It is clear to me that he was trying to avoid the joint tenancy claims that I might make. Is this fraud? If not then what type of case would this be?

Expert:  mkc1959 replied 3 years ago.
Your ex was obligated to fully disclose his assets during the divorce. From what you describe he may have legally failed to disclose the existence of his interest in the business. An agreement, even a non-written, agreement for him to receive money or more ownership after the divorce could still have been a marital asset that he was required to disclose. If so, his failure to disclose the asset could give you a right to now ask the court to re-open the property settlement and divide his interest in the business.

You should consult an experienced family law attorney in New Mexico.
mkc1959, Family Law Attorney
Category: Family Law
Satisfied Customers: 589
Experience: Practicing attorney with 26 years of experience.
mkc1959 and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Kent I want to thank you for your professional response. I've contacted a couple dozen attorneys about this case. They don't seem to understand what I'm talking about, and the few that do, are intimidated by my former husband's name. The case is more complex and more interesting. It wasn't necessary to disclose more information for my query, however. There are emails that my former husband's future partners wrote that indicate they would like him to join them if/when he gets a divorce. There are a number of documents indicating that he was well along the process of completion of the venture. This venture has to do with extraction of methane gas and the development of power-generating utilities. This venture is underway now and I have a copy of a letter from my ex to an attorney stating that this. However, land leases were obtained prior to the divorce for the express purpose of gas exploration. My attorney, without warning, has dropped the case due to the prominence of my ex and his family.

I've rated your responses the highest rating and would like to be able to contact you in the future for additional questions. I can join for $40 or $50.00/month for awhile or I can pay you directly for services. I need someone for advice and to do research to find similar cases, etc. How can I possibly re-connect with you in the future when I come to this site. Are you licensed in New Mexico?

Expert:  mkc1959 replied 3 years ago.
I am licensed in New Mexico. From your description you are well advised to pursue the matter. The emails may be the evidence you need. When you post new questions, you may address them to "mkc1959" and I will have an opportunity to respond. I don't work on Just Answer as much as some attorneys do. If I am not online, then other attorneys will get the question and can respond.

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