New Mexico Statutes

N.M. Stat. § 40-3-7 (2026)

Purpose of act.

✓ current as of May 2026
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The purpose of the Community Property Act of 1973 [40-3-6 to 40-3-17 NMSA 1978]
is to comply with the provisions of Section 18 of Article 2 of the constitution of New
Mexico, as it was amended in 1972 and became effective on July 1, 1973, by making
the provisions of the community property law of New Mexico apply equally to all persons
regardless of sex.

History: 1953 Comp., § 57-4A-1.1, enacted by Laws 1975, ch. 246, § 2.

                                    ANNOTATIONS
Law reviews. — For article, "The Community Property Act of 1973: A Commentary and
Quasi-Legislative History," see 5 N.M.L. Rev. 1 (1974).
Notes of Decisions
Cited in 5 cases, 1979–2013 · leading case: Swink v. Fingado, 850 P.2d 978 (N.M. 1993).
Swink v. Fingado, 850 P.2d 978 (N.M. 1993). · cites it 2× “NMSA 1978, § 40-3-7 (Repl.Pamp.1989) (purpose of act).”
Griego v. Oliver, 2014 NMSC 003 (N.M. 2013). · cites it 3× “Section 40-3-7. Gender-neutral language is used throughout the Community Property Act.”
Amador v. Lara, 603 P.2d 310 (N.M. Ct. App. 1979). “Its purpose was to conform the Community Property Act of 1973 to the constitutional amendment “by making the provisions of the Community Property Law of New Mexico apply equally to all persons regardless of sex.” Section 40-3 — 14 provides in pertinent part that “either spouse…”
Duran v. New Mexico Dep't of Human Servs., 619 P.2d 1240 (N.M. Ct. App. 1980). · cites it 2× “This is expressly recognized in § 40-3-7, N.M.S.A. 1978, which states: 40-3-7.”
Griego v. Oliver, 2014 NMSC 3 (N.M. 2013). · cites it 3× “Section 40-3-7. Gender- neutral language is used throughout the Community Property Act.”
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