A. The Uniform Partition of Heirs Property Act does not limit or affect the method by which service of a complaint in a partition action may be made.
B. If the plaintiff in a partition action seeks an order of notice by publication and the court determines that the property may be heirs property, the plaintiff, not later than ten days after the court's determination, shall post and maintain while the action is pending a conspicuous sign on the property that is the subject of the action. The sign must state that the action has commenced and identify the name and address of the court and the common designation by which the property is known. The court may require the plaintiff to publish on the sign the name of the plaintiff and the known defendants.
History: Laws 2017, ch. 41, § 4.
Effective dates. — Laws 2017, ch. 41, § 21 made Laws 2017, ch. 41, § 4 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.