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New Mexico · NMSA 1978, §40-3-13New Mexico community property: both spouses must join in the deed, the mortgage and the contract

Except for purchase-money mortgages, New Mexico spouses must join in every transfer, conveyance or mortgage – and every contract to transfer, convey or mortgage – of an interest in community real property, or in separate real property they own together as joint tenants or tenants in common (NMSA 1978, §40-3-13(A)). An attempt by one spouse alone is void, though either spouse may convey directly to the other; a spouse may convey their own separate real property without the other's joinder (§40-3-13(A)). One spouse may act without the other under a validly executed and recorded power of attorney under §47-1-7, and a spouse who didn't join may ratify the instrument in writing at any time (§40-3-13(B)). Leases of over five years, options included, also need both spouses (§40-3-13(A)).

The rules

  1. 1. What (§40-3-13(A))

    Deeds, mortgages and contracts to sell community or co-owned real property.

  2. 2. Without joinder (§40-3-13(A))

    Void, except a conveyance between the spouses.

  3. 3. Separate property (§40-3-13(A))

    The owning spouse alone, unless held with the other spouse.

  4. 4. Exceptions (§40-3-13(B))

    A recorded power of attorney; later written ratification.

What the TC can do

  • Ask a married seller at listing how and when the property was acquired.
  • Have both spouses sign the purchase contract, not only the deed.
  • If a spouse signs by power of attorney, record it in the county first.

Questions about New Mexico spouse signatures

Does the spouse have to sign the purchase contract in New Mexico?

Yes, for community real property or property the spouses co-own – the statute covers contracts to transfer as well as deeds (NMSA 1978, §40-3-13(A)).

What if only one spouse signs?

The instrument is void, unless signed under a recorded power of attorney or later ratified in writing by the other spouse (NMSA 1978, §40-3-13).

Related guides

Add each spouse as a signer on the contract and the deed in ClosingCode.

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Source: NMSA 1978, §40-3-13 (New Mexico Statutes Annotated 1978 at nmonesource.com, read October 28, 2026).

General information, not legal advice. ClosingCode is software; it is not a law firm or brokerage. This guide is not a substitute for the advice or services of an attorney.