Need for property based in overseas domicile influenced by law out of situs
Lurie, 2003-NMCA-082, 134 N
– Appeal during the possessions obtained inside a different domicile because of the activities throughout the matrimony, which possessions continues to have their situs regarding foreign county in the the time of The new Mexico separation, will be dependent on brand new trial courtroom pursuant Guatemalan kvinner for ekteskap towards the guidelines and circumstances rules of your overseas county where the property is received. Brenholdt v. Brenholdt, 1980-NMSC-051, 94 Letter.Meters. 489, 612 P.2d 1300.
Character off senior years spend is dependent upon laws away from state in which it’s won; if the earned inside a community property county during the coverture, it’s neighborhood property, and when it’s gained into the an effective noncommunity assets county through the coverture, it is separate property. Otto v. Otto, 1969-NMSC-074, 80 N.Yards. 331, 455 P.2d 642.
Property agreement is retroactively changed even with husband’s passing. – In which inadequacies was indeed examined due to the fact The brand new Mexico legislation forbade a spouse and you will wife out of transmuting area assets by mere arrangement, as well as their separate property arrangement are incorrect, the fresh new legal rights of one’s functions didn’t getting fixed lower than controlling The fresh Mexico legislation, at death of husband, and you will such rights could well be retroactively altered by the an overruling choice shortly after their dying, as well as the independent possessions arrangement, below that the couple kept their house because renters in accordance, was valid and you may operative from its inception. […]