Contact Us

Phone:
505-255-KOHL or
505-553-1517

Email:

karole@karolekohllaw.com

Before emailing, faxing documents or providing any information on your case please read this Disclaimer.

Pre-marital Agreements

Property and Debt Obligation

New Mexico is a Community Property State - all property acquired during marriage is community property which is owned jointly by the married couple unless steps are taken to make it separate through a Pre-Marital Agreement.   Gifts and inheritance are already separate property and don’t need to be addressd in a Pre-Marital Agreement.  Property acquired during marriage are jointly owned unless steps are taken to overcome that presumption with a legal agreement.

Property can get tied up with creditors who have to figure out if property is a separate debt when entering into a contract because when a debt is owed to creditors, they first go after separate property followed by going after a person’s interest in community property.  This is one of the times when it would be important to seek legal advice about protecting your rights or interests in property or keeping it separate for any legal or personal reason.