New Mexico § 40-3-5 - Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action
Full text of New Mexico New Mexico Statutes Annotated § 40-3-5 — Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action, with citation guidance and answers to common questions.
§ 40-3-5. Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action
A. If a spouse is reported by the United States department of defense to be a prisoner
of war/person missing-in-action, the other spouse may, not less than six months after
such report, file a petition of the facts which make it desirable for the petitioning
spouse to engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 . B. The petition shall be filed in a district court of any county in which real property
described in the petition is located. C. The district court shall appoint a guardian ad litem for the prisoner of war/person
missing-in-action and shall allow such guardian a reasonable fee for his services. D. A notice, stating that the petition has been filed and specifying the date of the
hearing, accompanied by a copy of the petition shall be issued and served on the guardian
ad litem and shall be published once each week for four successive weeks in a newspaper
of general circulation in the county in which the proceeding is pending. The last such publication shall be made at least twenty days before the hearing. E. After the hearing, the district court may allow the petitioning spouse alone to
engage in a transaction for which joinder of both spouses is required by Section 57-4-3 NMSA 1953 upon such terms and conditions as may be appropriate or necessary to protect the
interests of the absent spouse. F. Any sale, lease, conveyance or encumbrance authorized by the district court pursuant
to Subsection E of this section shall be confirmed by order of the district court,
and that order of confirmation may be recorded in the office of the county clerk of
the county where any property affected thereby is situated.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 40-3-5
What does New Mexico Statutes Annotated § 40-3-5 cover?
Section 40-3-5 ("Disposition of real property without joinder where spouse is prisoner of war/person missing-in-action") 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 § 40-3-5?
A common citation format is "New Mexico Statutes Annotated § 40-3-5" (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 § 40-3-5 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.