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New Mexico Statutes

N.M. Stat. § 57-3-5 (2026)

Repealed

✓ laws through the 2025 session (retrieved May 2026)
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History: 1953 Comp., § 49-4-8.1, enacted by Laws 1969, ch. 142, § 2; 1971, ch. 141, § 2; repealed by Laws 1997, ch. 197, § 17.

ANNOTATIONS

Repeals. — Laws 1997, ch. 197, § 17 repealed 57-3-5 NMSA 1978, as enacted by Laws 1969, ch. 142, § 2, relating to assignment, effective July 1, 1997. For provisions of former section, see the 1996 NMSA 1978 on NMOneSource.com. For present comparable provisions, see Chapter 57, Article 3B NMSA 1978.

Notes of Decisions
Cited in 4 cases, 1957–1973 · leading case: Moore v. Moore, 379 P.2d 784 (N.M. 1963).
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Moore v. Moore, 379 P.2d 784 (N.M. 1963). · cites it 8× “Section 57-3-5, N.M.S.A., 1953 Comp. However, merely because it is his separate property does not mean that the income therefrom is his separate property.”
Campbell v. Campbell, 310 P.2d 266 (N.M. 1957). · cites it 2× “The wife may without the consent of her husband convey her separate property.”
Conley v. Quinn, 346 P.2d 1030 (N.M. 1959). · cites it 2× “Waring, supra. The broomcorn crop raised by hired labor on the school section was a part of the “rents, issues and profits” of separate property, and under the mandate of Section 57-3-5, supra, was separate property.”
Gillespie v. Gillespie, 506 P.2d 775 (N.M. 1973). · cites it 2× “20 represented husband’s separate interest and $4,126.55 was the community interest in undistributed profits.”
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