N.M. Stat. » Chapter 47 — Property Law
New Mexico Statutes

N.M. Stat. § 47-1-35 (2026)

[Conveyance or mortgage to joint tenants.]

✓ current as of May 2026
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In a conveyance or mortgage of real estate, the designation of two or more grantees "as joint tenants" shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them and the heirs and assigns of the survivor.

History: 1941 Comp., § 75-134, enacted by Laws 1947, ch. 203, § 9; 1953 Comp., §

Notes of Decisions
Cited in 4 cases, 1993–2012 · leading case: Swink v. Fingado, 850 P.2d 978 (N.M. 1993).
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Swink v. Fingado, 850 P.2d 978 (N.M. 1993). · cites it 2× “Under NMSA 1978, § 47-1-35 (Repl.Pamp.1991), a conveyance in this form is sufficient to create a joint tenancy.”
Edwin Smith, LLC v. Clark, 2011 NMCA 3 (N.M. Ct. App. 2010). · cites it 2× “See NMSA 1978, § 47-1-35 (1947) (“In a conveyance or mortgage of real estate, the designation of two or more grantees ‘as joint tenants’ shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them…”
Edwin Smith, L.L.C. v. Synergy Operating, L.L.C., 2012 NMSC 34 (N.M. 2012). · cites it 2× “NMSA 1978, § 47-1-35 (1947). In addition, [a]n instrument conveying or transferring title to real or personal property to two or more persons as joint tenants .”
Edwin Smith, LLC v. Clark, 247 P.3d 1134 (N.M. Ct. App. 2010). · cites it 2× “See NMSA 1978, § 47-1-35 (1947) ("In a conveyance or mortgage of real estate, the designation of two or more grantees `as joint tenants' shall be construed to mean that the conveyance is to the grantees as joint tenants, and not as tenants in common, and to the survivor of them…”
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