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Sam
Sam, Attorney at Law
Category: Legal
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Experience:  More than 20 years of experience practicing law.
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My wife recently filed divorce. She is not on the deed

Customer Question

My wife recently filed for a divorce. She is not on the deed to our home/property and recently signed a sole and separate property agreement document listing me as the sole owner. We live in New Mexico a community property state. Is she still entitled to half the value of our home automatically?
Submitted: 1 year ago.
Category: Legal
Expert:  Sam replied 1 year ago.
Hello
This is Samuel and I will discuss this and provide you information in this regard
While NM is a community property state, the law does allow for the parties can work things out among themselves as to an Agreement on how the property will be divided.
However, the agreement must be made without duress to the parties, meaning she has to have clearly understood what she was signing without pressure from you or your attorney.
Having it reviewed by her own attorney will play favorable to you, if the attorney agrees it is in the client's the best interest.