In any action brought by a joint tenant, or tenant in common, against a cotenant, he shall be required to prove an actual ouster or act equivalent thereto.
History: C.L. 1897, § 2685 (256), added by Laws 1907, ch. 107, § 1 (256); Code 1915, § 4366; C.S. 1929, § 105-1807; 1941 Comp., § 25-808; 1953 Comp., § 22-8-8.
Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.
Ouster by executing warranty deed. — The act of a part of the tenants in common in executing a deed with covenants of warranty, purporting to convey the entire estate, is an ouster of the other cotenants. Baker v. de Armijo, 1912-NMSC-046, 17 N.M. 383, 128 P. 73; Neher v. Armijo, 1898-NMSC-005, 9 N.M. 325, 54 P. 236, overruled on other grounds by De Bergere v. Chaves, 1908-NMSC-006, 14 N.M. 352, 93 P. 762.
Constructive ouster by divorced spouse. — If one of the parties in a divorce case remains in possession of the community residence between the date of the divorce and the date of the final judgment dividing the community assets, then there may be a form of constructive ouster, exclusion or an equivalent act which is created as to the right of common enjoyment by the divorced spouse not in possession. This exclusion may render the divorced spouse in possession of the community residence liable to the divorced spouse not in possession for the use and occupation of the residence between the date of the divorce and the date of the final judgment. Hertz v. Hertz, 1983-NMSC-004, 99 N.M. 320, 657 P.2d 1169.
Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Ejectment § 21.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.