A. The Uniform Partition of Heirs Property Act applies to partition actions filed on or after July 1, 2017.
B. In an action to partition real property under Chapter 42, Article 5 NMSA 1978, the court shall determine whether the property is heirs property. If the court determines that the property is heirs property, the property shall be partitioned under the Uniform Partition of Heirs Property Act unless all of the cotenants otherwise agree in a record.
C. The Uniform Partition of Heirs Property Act supplements Chapter 42, Article 5 NMSA 1978 and, if an action is governed by the Uniform Partition of Heirs Property Act, replaces provisions of Chapter 42, Article 5 NMSA 1978 that are inconsistent with the Uniform Partition of Heirs Property Act.
History: Laws 2017, ch. 41, § 3.
Effective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 3 effective January 1, 2018.
Structure 2021 New Mexico Statutes
Chapter 42 - Actions and Proceedings Relating to Property
Article 5A - Uniform Partition of Heirs Property
Section 42-5A-1 - Short title.
Section 42-5A-2 - Definitions.
Section 42-5A-3 - Applicability; relation to other law.
Section 42-5A-4 - Service; notice by posting.
Section 42-5A-5 - Commissioners.
Section 42-5A-6 - Determination of value.
Section 42-5A-7 - Cotenant buyout.
Section 42-5A-8 - Partition alternatives.
Section 42-5A-9 - Considerations for partition in kind.
Section 42-5A-10 - Open-market sale, sealed bids or auction.
Section 42-5A-11 - Report of open-market sale.
Section 42-5A-12 - Uniformity of application and construction.
Section 42-5A-13 - Relation to Electronic Signatures in Global and National Commerce Act.