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New Mexico family lawyers

New Mexico Domestic Partnership Agreements

What Is a Domestic Partnership?

A domestic partnership is a personal relationship shared between two people who are not legally married. Characteristics of a domestic partnership often include living together, joint property ownership, mutual financial obligations, sharing of assets, and/or raising children together. People involved in a domestic partnership are either not able to have their union legally recognized within New Mexico or choose not to get married for their own personal reasons. The rights, benefits, and protections associated with domestic partnerships vary within different cities, states, and amongst employers. New Mexico recognizes domestic partnerships that are established in jurisdictions where those unions are legally permitted.

Domestic partnership agreements are not legally recognized within the state of New Mexico. There are many people who are intricately connected into each other’s lives and want the importance of their relationship acknowledged in some legal manner. New Mexico Legal Group is able to create contractual agreements that suit your needs based on the laws currently in place.

Property Rights

It is common for domestic partners who have been together for a number of years to share ownership of property. Typically, the names of both partners are on the deeds and financial accounts. We can review the type of ownership currently designated for all of your assets. If your assets are set up in a manner that does not coincide with your intentions for the future, we can let you know of the different types of property ownership that are available and help you make the necessary changes that are more in alignment with your goals.

Health Care and Power of Attorney

A major issue for domestic partners is the ability to make medical decisions if their partner is incapacitated or seriously ill. A power of attorney or health care directive grants the partner authority to make medical decisions on your behalf. The power of attorney states when and under what circumstances the partner’s authority goes into effect. It can also give the partner the right to access medical records and reports that will enable him or her to make informed decisions.

Wills and Trusts

Without a valid will or trust in place, New Mexico’s intestate laws determine how your property and other assets are distributed after your death. Making sure your domestic partner is looked after and has adequate financial resources is a concern for many people. One of the ways to protect your partner is by drafting a valid will or trust that states who you want to receive your property and how it should be allocated. It is important to understand the pros and cons of the different methods used to distribute property after death.

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Frequently Asked Questions

Can we include child-related terms in a domestic partnership agreement?
While a domestic partnership agreement can outline shared responsibilities, any child custody or support issues must be decided according to New Mexico family law. You can still include your intentions in the agreement, but they won’t override what a court determines is in the best interests of the child.

What happens if we separate and don’t have a domestic partnership agreement?
Without an agreement in place, separating couples may face legal and financial complications—especially when it comes to dividing shared property or handling debts. A properly drafted domestic partnership agreement can help avoid disputes and ensure a smoother separation process.

Are domestic partnership agreements legally recognized in New Mexico?

Domestic partnership agreements are not officially recognized under New Mexico law. However, New Mexico Legal Group can help partners create legally binding contracts that protect shared property, finances, and decision-making rights based on existing contract and estate planning laws.

Albuquerque

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Email: info@newmexicolegalgroup.com

Phone:
(505) 843-7303

Albuquerque Office
2701 Arizona Street NE
Albuquerque, NM 87110
(505) 843-7303

Las Cruces Office
300 S Water St.
Las Cruces, NM 88001
(575) 339-2100

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