New Mexico § 42-5-8 - Allocation of costs of partition; definition
Full text of New Mexico New Mexico Statutes Annotated § 42-5-8 — Allocation of costs of partition; definition, with citation guidance and answers to common questions.
§ 42-5-8. Allocation of costs of partition; definition
A. In the event partition of the cotenancy is made by the commissioners appointed,
the costs of partition shall by the court be apportioned among all the cotenants,
and the proportion of the costs assessed against each cotenant shall be a lien upon
the share of the cotenancy assigned by the commissioners to the cotenant. If partition cannot be made without manifest prejudice to the cotenants and sale
of the estate is ordered, the costs of the action shall be apportioned among all the
cotenants, and the proportion of the costs assessed against each cotenant shall by
the court be deducted and withheld from the distributive share of the proceeds of
the sale assigned to the cotenant. B. As used in this section “costs” includes expenses incurred by commissioners, expenses
incurred by agents or masters appointed by the court to conduct a sale, costs of survey
and other costs incurred in physical partition or in sale which to the court seem
just and proper. C. The reasonable attorney fees of a party to an action for partition of a cotenancy
may be awarded in the court's discretion, as it may deem just and equitable.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 42-5-8
What does New Mexico Statutes Annotated § 42-5-8 cover?
Section 42-5-8 ("Allocation of costs of partition; definition") 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 § 42-5-8?
A common citation format is "New Mexico Statutes Annotated § 42-5-8" (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 § 42-5-8 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.