It shall not be necessary in any case for the husband to join with the wife when she executes a power of attorney for herself; nor shall it be necessary for the wife to join with the husband when he executes a power of attorney for himself.
History: Laws 1901, ch. 62, § 20; Code 1915, § 2751; C.S. 1929, § 68-202; 1941 Comp., § 65-207; 1953 Comp., § 57-2-7.
Wife aware of transfer made by husband as her attorney-in-fact. — Where husband, acting for himself and as attorney-in-fact for his wife, made and delivered to plaintiff a written assignment and transfer of their mineral interests, the powers so conferred upon the husband authorized him to convey wife's interests, where he had conveyed other properties owned by them acting under the same powers-of-attorney and evidence indicated wife was aware of business conducted by her husband in her behalf and assented thereto. Soens v. Riggle, 1958-NMSC-063, 64 N.M. 121, 325 P.2d 709.
Am. Jur. 2d, A.L.R. and C.J.S. references. — Injured party's release of tortfeasor as barring spouse's action for loss of consortium, 29 A.L.R.4th 1200.
Structure 2021 New Mexico Statutes
Article 2 - Rights of Married Persons Generally
Section 40-2-1 - [Mutual obligations of husband and wife.]
Section 40-2-2 - [Contract rights of married persons.]
Section 40-2-3 - [Powers of attorney; joinder of spouse unnecessary.]
Section 40-2-4 - [Execution of marriage settlement and separation contracts.]
Section 40-2-5 - [Recording of marriage settlement or separation contract.]
Section 40-2-6 - [Effect of recording or failure to record settlement or separation contract.]
Section 40-2-7 - Persons who may make marriage settlements.
Section 40-2-8 - [Extent of mutual alteration of legal relations.]