N.M. Stat. » Chapter 40 — Domestic Affairs
New Mexico Statutes

N.M. Stat. § 40-2-3 (2026)

[Powers of attorney; joinder of spouse unnecessary.]

✓ laws through the 2025 session (retrieved May 2026)
Find cases: SyfertCases citing this section NM-LEGnmonesource.com JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

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.

ANNOTATIONS

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.

Notes of Decisions
Cited in 2 cases, 2018–2018 · leading case: State v. Ameer, 2018-NMSC-030.
Sort: Relevance Newest Treatment
State v. Ameer, 2018-NMSC-030. “§ 40-2-3 (a)-(c) (1965 Colo. Sess. Laws at 502-04) (allowing the death penalty under the murder statute then- 9 existing); Colo.”
State v. Ameer, 458 P.3d 390 (N.M. 2018). “§ 40-2-3 (a)-(c) (1965 Colo. Sess. Laws at 502-04) 18 (allowing the death penalty under the murder statute then-existing); Colo.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.