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Christiansen v. Christiansen

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eBook details

  • Title: Christiansen v. Christiansen
  • Author : New Mexico Supreme Court
  • Release Date : January 20, 1983
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 56 KB

Description

This appeal arises from a suit for dissolution of marriage. While married, the parties entered into a written agreement which purported to divide, inter alia, their community interest in the family residence, transmute the community interest in husbands retirement funds into his own separate property, and require each party to give their child $5,000 upon the sale of the family residence. The trial court ruled, however, that this agreement was inadmissible because it had not been properly acknowledged pursuant to NMSA 1978, Section 40-2-4. The trial court also held that the parties were jointly responsible for providing post-minority education for their child, that husbands retirement funds were community property, and that both parties attorneys fees and wifes expert witness fees were to be treated as community debts paid for out of community assets. On appeal, husband argues that the trial courts failure to admit evidence of the marital agreement constitutes reversible error. On cross-appeal, wife challenges the trial courts ruling on the issue of post-minority education and the award of attorneys fees. We reverse in part and affirm in part.


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