How does joint tenancy with right of survivorship work in New Mexico?

In New Mexico, real estate granted or bequeathed to two or more people, other than executors or trustees, is held in common unless the grant or bequest clearly says otherwise, and a joint tenancy must be expressly declared in the will or conveyance. A conveyance to two or more people "as joint tenants," to them and the survivors of them, or with right of survivorship is prima facie evidence of a joint tenancy, and "as joint tenants" in a deed or mortgage means joint tenants and not tenants in common. A husband and wife holding property as community property or otherwise may convey it to themselves as joint tenants when the conveyance expressly declares a joint tenancy. Property acquired during marriage by either spouse, or both, is presumed to be community property. The words in the deed decide which kind of ownership was created, so read the deed itself. This is N.M. Stat. §§ 47-1-15, 47-1-16, 47-1-35, 47-1-36, 40-3-12.

WhatNew Mexico
A deed to two or more peopleTenancy in common unless the deed says otherwise
What it meansTenancy in common unless the deed declares survivorship

Source

N.M. Stat. §§ 47-1-15, 47-1-16, 47-1-35, 47-1-36, 40-3-12

Read the statute in the New Mexico Statutes (New Mexico Compilation Commission): nmonesource.com.

Checked against the statute on November 13, 2026.

This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.

How Seayora uses this rule

An owner on Seayora keeps each property’s owners of record, its entity and its documents in one place, so who holds title and how is on file beside the leases and the books.

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