New Mexico Statutes

N.M. Stat. § 45-2-805 (2026)

Reformation to correct mistakes.

✓ current as of May 2026

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The district court may reform the terms of a governing instrument, even if
unambiguous, to conform the terms to the transferor's intention if it is proved by clear
and convincing evidence what the transferor's intention was and that the terms of the
governing instrument were affected by a mistake of fact or law, whether in expression or
inducement.

History: 1978 Comp., § 45-2-805, enacted by Laws 2011, ch. 124, § 32.

                                     ANNOTATIONS

Recompilations. — Laws 2011, ch. 124, § 32 recompiled former 45-2-805 NMSA 1978
as 45-2-807 NMSA 1978 and enacted a new section as 45-2-805 NMSA 1978, effective
January 1, 2012.

Notes of Decisions

Cited in 4 cases, 2009–2015 · leading case: In Re Cable Fam. Trust June 10, 1987, 231 P.3d 108 (N.M. 2010).

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In Re Cable Fam. Trust June 10, 1987, 231 P.3d 108 (N.M. 2010). · cites it 2× “NMSA 1978, § 45-2-805(A) (1993) ("Upon the death of either spouse, one-half of the community property belongs to the surviving spouse, and the other half is subject to the testamentary disposition of the decedent.”

Karpien v. Karpien, 207 P.3d 1165 (N.M. Ct. App. 2009). · cites it 6× “Parents, citing NMSA 1978, Section 45-2-805 (1984) of the Probate Code, argue that the order to sell the marital home is equitable because Husband “is not only liable for his share of the community debt, but also inherits liability for his spouse’s share.”

Radin v. Jewish Nat'l Fund, 352 P.3d 863 (Cal. 2015). “615 ); New Mexico ( N.M. Stat. Ann. § 45-2-805 ); North Dakota ( N.”

M Asprey v. J Raabe-Asprey (N.M. Ct. App. 2009). · cites it 4× “We first note the district 10 court appears to have erroneously relied on NMSA 1978, § 40-3-11(A)(1995) for its 11 decision [RP 92]; this section does not apply to the satisfaction of debts after the 12 death of one or both spouses.”

— N.M. Stat. § 45-2-805(A) — 1 case

In Re Cable Fam. Trust June 10, 1987, 231 P.3d 108 (N.M. 2010). “NMSA 1978, § 45-2-805(A) (1993) ("Upon the death of either spouse, one-half of the community property belongs to the surviving spouse, and the other half is subject to the testamentary disposition of the decedent.”

— N.M. Stat. § 45-2-805(B) — 1 case

Karpien v. Karpien, 207 P.3d 1165 (N.M. Ct. App. 2009). “Parents, citing NMSA 1978, Section 45-2-805 (1984) of the Probate Code, argue that the order to sell the marital home is equitable because Husband “is not only liable for his share of the community debt, but also inherits liability for his spouse’s share.”

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.