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New Mexico Statutes Chapter 42. Actions and Proceedings Relating to Property § 42-10-9. Homestead exemption

Current as of January 01, 2024 | Updated by Findlaw Staff

A. A person shall have a homestead exemption in a domicile or land owned by the person that is the primary residence of the person. Such homestead is exempt from attachment, execution or foreclosure by a judgment creditor and from any proceeding of receivers or trustees in insolvency or bankruptcy proceedings and from executors or administrators in probate.

B. The amount of the homestead exemption is:

(1) one hundred fifty thousand dollars ($150,000); or

(2) three hundred thousand dollars ($300,000) if the spouse of the person claiming the exemption died within two years prior to the date of claiming the homestead exemption and if the deceased spouse would have been able to claim the homestead exemption had the deceased spouse survived until the date of claiming the homestead exemption.

C. As used in this section, “domicile” means any shelter or dwelling used by the person as a primary residence and may include a mobile home, trailer, recreational vehicle, outbuilding or other similar shelter, regardless of whether such dwelling complies with relevant housing or building regulations.

D. This section shall be liberally construed in favor of the person claiming a homestead exemption.

E. The provisions of this section shall not apply to garnishment or properly perfected liens of secured creditors.

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Cite this article: FindLaw.com - New Mexico Statutes Chapter 42. Actions and Proceedings Relating to Property § 42-10-9. Homestead exemption - last updated January 01, 2024 | https://codes.findlaw.com/nm/chapter-42-actions-and-proceedings-relating-to-property/nm-st-sect-42-10-9/

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