NM Bar Practice Questions - New Mexico Bar Examination Exam

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In a New Mexico dissolution proceeding, a spouse claims that a bank account titled in his name alone, opened during the marriage, is his separate property. Which statement correctly describes the burden of proof?

Property acquired during marriage is presumed community property, and the spouse asserting it is separate bears the burden of rebutting that presumption The account is conclusively community property and cannot be rebutted The other spouse must prove the account is community property Title in one spouse's name alone makes the account that spouse's separate property as a matter of law

Correct Answer:

Property acquired during marriage is presumed community property, and the spouse asserting it is separate bears the burden of rebutting that presumption

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