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Marital Settlement Agreement - New Mexico

Marital Settlement Agreement Form. This is a New Mexico form and can be used in Domestic Relations Statewide .
 Fillable pdf Last Modified 11/12/2013
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4A-301. Marital settlement agreement. STATE OF NEW MEXICO COUNTY OF ____________________ ____________________ JUDICIAL DISTRICT _____________________________________, Petitioner, v. No. __________ _____________________________________, Respondent. MARITAL SETTLEMENT AGREEMENT1 _________________________ (Husband's name) and _______________________ (Wife's name) are married. We agree to this entire agreement. We will each follow this agreement beginning on the day we both sign it. We understand that the judge may make changes to this agreement and that we must comply with any changes made. I. PROPERTY WE ARE DIVIDING2 A. Personal property (such as clothing, furniture, jewelry, or artwork). We have agreed how we will divide our property. We have attached a Personal Property List (Attachment A) showing all our property and which of us will receive that property. (Choose 1 or 2) [ ] 1. Each of us already has possession of all the personal property that we each expect to receive. (or) [ ] 2. We will make sure that we each have our own property by _______________ (date). B. Real Property (such as a home, mobile home, condominium, lot, or commercial building).3 (Choose all that apply) [ ] 1. Neither of us has real property. [ ] 2. We have a marital home, which is located at ________________________ (street address), and we agree to do the following: (Complete the correct section: a. Keep the home; b. Sell the home; or c. Other plan.) American LegalNet, Inc. www.FormsWorkFlow.com [ ] a. Keep the home. We agree that (Choose i or ii) [ ] i. Husband shall keep the home and be responsible for all debts related to the home. (or) [ ] ii. Wife shall keep the home and be responsible for all debts related to the home. The person who keeps the home is called the "homeowner." The other person is called the "moving spouse." We further agree that (Choose all that apply) [ ] The amount owed to the moving spouse to buy out that person's interest is $_______________, which is included in the calculation of the Cash Payment, Section III, below. [ ] The homeowner will apply to refinance the debt owed on the home no later than _____________________ (date). [ ] This is our plan for the homeowner to buy out the moving spouse's interest in the home or to get the moving spouse off of the loan papers:4 ____________________________________________________ ____________________________________________________ ____________________________________________________ [ ] b. Sell the home. We are going to sell the home and divide the money from the sale as follows: __________________________________________ _______________________________________________________. While the home is being sold, [ ] Husband (or) [ ] Wife (choose one) will stay in the home. Until the home sells, we will pay expenses, including mortgage, taxes and insurance, utility bills, and repairs for the home as follows (describe who is to pay and how much each person will pay): ________________________________________________________ ________________________________________________________ ________________________________________________________. American LegalNet, Inc. www.FormsWorkFlow.com We both will cooperate with the showing of the home and the sale of the home, including signing all paperwork needed in order to sell it and transfer title. Both of us will preserve the home in a reasonable way including the following things: ________________________________________________________ ________________________________________________________ ________________________________________________________. [ ] c. Other plan. We have attached a separate sheet with our plan regarding the home. [ ] 3. One or both of us has other real property as set forth in the attached Real Property List (Attachment B), and we have agreed to divide that property as set forth in the attachment. If one party owes the other money for the division of the other real property, that amount should be included in the calculation of the Cash Payment, Section III, below. C. Bank and investment accounts (such as checking accounts, savings accounts, stocks, bonds, certificates of deposit, mutual funds, or life insurance policies with cash value). (Choose all that apply) [ ] We do not have any bank or investment accounts. [ ] Husband has the following bank or investment accounts: Name of institution ___________________________ ___________________________ ___________________________ Last four (4) digits of account number ________________ ________________ ________________ [ ] Wife has the following bank or investment accounts: Name of institution ___________________________ ___________________________ ___________________________ Last four (4) digits of account number ________________ ________________ ________________ [ ] We have the following joint bank or investment accounts: Name of institution ___________________________ ___________________________ Last four (4) digits of account number ________________ ________________ American LegalNet, Inc. www.FormsWorkFlow.com ___________________________ ________________, which will be closed by __________________ (date). [ ] This is our plan for how we will divide our bank or investment accounts: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ D. Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k) plans).5 (Choose all that apply) [ ] Neither of us has a retirement plan. [ ] Husband has the following retirement plan(s): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [ ] Wife has the following retirement plan(s): ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [ ] We will be dividing our retirement plan(s) as follows: ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ [ ] [ ] Husband (or) [ ] Wife shall prepare and submit a Qualified Domestic Relations Order ("QDRO") to the Court by _______________ (date). E. Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, or t
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