New Mexico § 42-5-7 - Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale
Full text of New Mexico New Mexico Statutes Annotated § 42-5-7 — Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale, with citation guidance and answers to common questions.
§ 42-5-7. Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale
A. Should the commissioners be of the opinion that the real estate is so circumstanced
that a partition thereof cannot be made without manifest prejudice to the owners or
proprietors of the same, they shall proceed to appraise the real estate at its cash
value at the time, deducting the amount of all liens and encumbrances against such
real estate, and the commissioners shall so report to the court and file with their
said report a written appraisal. Any party to the action who shall have been adjudged by the court to have an interest
in the real estate appraised, may within ten days from the date of filing of said
report and appraisal contest said report or said appraisal, and for such purpose shall
file in the cause an affidavit setting forth wherein said report, appraisal or both
is incorrect; provided, that the affidavit shall put in issue only the value of the
real estate as shown by the appraisal and the question as to whether or not the real
estate is so circumstanced that a partition hereof cannot be had without manifest
prejudice to the owners or proprietors thereof, and the court shall hear proof touching
the matters set forth in the affidavit, and if the report or the appraisal shall be
found by the court to be incorrect, the court shall determine the value of the real
estate and whether or not the real estate can be divided without manifest prejudice
to the owners or proprietors thereof. If the report or appraisal shall be found by the court to be correct the same shall
be confirmed by the court. In the event the report of the commissioners shall not be contested within the time
above provided, or in the event the report of the commissioners shall be confirmed
by the court, the court, in its discretion, may order the premises to be sold at public
or private sale, providing in the order for reasonable public notice of such sale
on such terms and conditions as it may prescribe; provided, that if the court does
not order such sale to be made for cash, a cash payment of not less than one-quarter
of the purchase money shall be required by the court, to be made to the person or
persons, who shall be appointed by the court to make such sale, by the purchaser of
such land at the time of such sale, the balance of such purchase price to be paid
and secured in such manner as the court shall direct. If sale is made at private sale, same shall be made for not less than its full value
as determined as aforesaid. If the value determined as aforesaid shall be less than ten thousand dollars ($10,000)
the court shall authorize sale of the property at a public sale to the highest and
best bidder thereat. If such value determined as aforesaid shall be ten thousand dollars ($10,000) or
more, public sale of said property shall not be made for less than two-thirds of its
value as so determined and fixed. Any sale hereunder shall be subject to any and all liens deducted as provided herein
in making the appraisal. B. The person or persons who shall be appointed by the court to make sale of said
real estate shall make and execute good and sufficient conveyance or conveyances to
the purchaser or purchasers thereof which shall operate as an effectual bar both in
law and equity against such owners and proprietors, parties to the proceedings, and
all persons claiming [under] them; and the person or persons making such sale shall
report their proceedings to the court and shall pay over the moneys arising therefrom
to the parties entitled to receive the same under the direction of the court.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 42-5-7
What does New Mexico Statutes Annotated § 42-5-7 cover?
Section 42-5-7 ("Finding that property cannot be partitioned; appraisal; report of commissioners; contest of report; hearing; sale") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite New Mexico § 42-5-7?
A common citation format is "New Mexico Statutes Annotated § 42-5-7" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of New Mexico law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.
How does New Mexico § 42-5-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.