Free New Mexico Postnuptial Agreement Template

A New Mexico postnuptial agreement is a written contract spouses sign during the marriage about their property. In a community property state like New Mexico, it’s a way to designate which assets are separate.

A Written Agreement Can Create Separate Property

Separate property includes property designated as separate by a written agreement between the spouses. That includes a deed or other written agreement about property the spouses hold as joint tenants or tenants in common (NMSA 1978, § 40-3-8(A)(5)).

Other Separate Property

Separate property also includes property acquired before marriage, and property either spouse acquires by gift, bequest, devise, or descent (NMSA 1978, § 40-3-8(A)(1), (4)). So a postnup can confirm those assets as well as designate new ones.

Everything Else Is Community Property

Community property is property acquired by either or both spouses during marriage that isn’t separate property (NMSA 1978, § 40-3-8(B)).

Joint Titles Are Presumed Community

New Mexico presumes that property a married couple acquires by a written instrument is community property. That applies whether they hold it as tenants in common, joint tenants, or otherwise, unless it qualifies as separate property (NMSA 1978, § 40-3-8(B)).

Income Follows the Property

For these rules, property includes its rents, issues, and profits (NMSA 1978, § 40-3-8(E)).

Yes, if it’s in writing. The statute specifically counts a deed or other written agreement designating jointly held property as separate (§ 40-3-8(A)(5)).

That matters because joint titles are otherwise presumed community. So if you hold a home or account together but want it treated as separate, your New Mexico postnuptial agreement should say so directly and describe the property.

Precision about title is the main task. Complete a New Mexico postnuptial agreement with these steps:

1. List jointly titled property. Note how each asset is held, such as joint tenants or tenants in common.
2. Designate each asset. State whether it’s separate or community under the agreement.
3. Address income. Say how you’ll treat rents and profits from each asset.
4. Exchange full financial disclosure before signing.
5. Put signatures on the final version. Both spouses sign the written agreement.
6. Coordinate deeds. If real estate is involved, ask a New Mexico attorney whether a matching deed helps.

A clear agreement includes:

• Separate property designations — each asset, described precisely
• Joint title details — the form of title for each jointly held asset
• Income terms — treatment of rents, issues, and profits
• Debt terms — responsibility for each obligation
• Dated signatures — from both spouses