Form 4A-301. Marital settlement agreement.

STATE OF NEW MEXICO COUNTY OF _______________ __________________ JUDICIAL DISTRICT _______________________________, Petitioner, v. No. __________ _______________________________, Respondent. MARITAL SETTLEMENT AGREEMENT1 _________________________ (Petitioner’s name) and _______________________ (Respondent’s name) are married and agree to follow this agreement beginning on the day we both sign it. We understand that the judge may make changes to this agreement and that we must comply with any changes made. I. PROPERTY WE ARE DIVIDING2 A. Personal property (such as clothing, furniture, jewelry, or artwork). We have agreed how we will divide our property. We have attached a Personal Property List (Attachment A) showing all our property and which of us will receive that property. (Choose 1 or 2) [ ] 1. Each of us already has possession of all the personal property we each expect to r (Or) [ ] 2. We will make sure we each have our own property by _______________________ B. Real Property (such as a home, mobile home, condominium, lot, or commercial building).3 (Choose all that apply) [ ] 1. Neither of us owns real property. [ ] 2. We own a marital home, which is located at ________________________________ (street address), and we agree to do the following: (Complete the correct section: a. Keep the home; b. Sell the home; or c. Other plan [ ] a. Keep the home. We agree to the following: (Choose i or ii) [ ] i. Petitioner shall keep the home and be responsible for all debts related to the hom (Or) [ ] ii. Respondent shall keep the home and be responsible for all debts related to the The person who keeps the home is called the “homeowner.” The other person is called t We further agree to the following: (Choose all that apply) [ ] iii. The amount owed to the moving spouse to buy out that person’s interest is $_______________________, which is included in the calculation of the Cash P below. [ ] iv. The homeowner will apply to refinance the debt owed on the home no later than ______________________________ (date). [ ] v. This is our plan for the homeowner to buy out the moving spouse’s interest in the moving spouse off of the loan papers:4 ________________________________________________________________ ________________________________________________________________ ________________________________________________________________ [ ] b. Sell the home. We are going to sell the home and divide the money from the sale as ___________________________________________________________________ ___________________________________________________________________ While the home is being sold, [ ] Petitioner (or) [ ] Respondent (choose one) will stay Until the home sells, we will pay expenses, including mortgage, taxes and insurance repairs for the home as follows (describe who is to pay and how much each person w ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ We both will cooperate with the showing of the home and the sale of the home, inclu paperwork needed in order to sell it and transfer title. Both of us will preserve the hom way including the following things: ___________________________________________________________________ ___________________________________________________________________ ___________________________________________________________________ [ ] c. Other plan. We have attached a separate sheet with our plan regarding the home. [ ] 3. One or both of us has other real property as set forth in the attached Real Property List ( we have agreed to divide that property as set forth in the attachment. If one party owes t division of the other real property, that amount should be included in the calculation of th Section III, below. C. Bank and investment accounts (such as checking accounts, savings accounts, stocks, bonds, certificates of deposit, mutual funds, or life insurance policies with cash value). (Choose 1 or 2) [ ] 1. We do not have any bank or investment accounts. (Or) [ ] 2. We have the following bank or investment accounts and will divide them as follows: Petitioner will have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ ___________________ Respondent will have the following bank or investment accounts: Name of institution ________________________________ ________________________________ ________________________________ Last four (4) digits of account number ___________________ ___________________ ___________________ D. Retirement Plans (such as IRAs, retirement accounts, pension plans, or 401(k) plans).5 (Choose 1 or 2) [ ] 1. Neither of us has a retirement plan. (Or) [ ] 2. We will be dividing our retirement plan(s) as follows: Petitioner has the following retirement plan(s): (Circle one to show whether Petitioner will KEEP the entire plan, DIVIDE the plan with Respondent, or TRANSFER the entire plan to Respondent) If plan will be DIVIDED, the amount or % to be given to Respondent: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] Respondent has the following retirement plan(s): (Circle one to show whether Respondent will KEEP the entire plan, DIVIDE the plan with Petitioner, or TRANSFER the entire plan to Petitioner) If plan will be DIVIDED, the amount or % to be given to Petitioner: [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] [KEEP] [DIVIDE] [TRANSFER] (Check and complete if retirement plan(s) will be divided) [ ] For the following retirement plans that will be divided, Petitioner shall prepare a Qualified Domestic Relations Order (“QDRO”), obtain the signature of the other party, and submit the QDRO to the Court by _______________ (date).6 (List the plans) ______________________________________________________________________ _____________________________________ ______________________________________________________________________ _____________________________________ [ ] For the following retirement plans that will be divided, Respondent shall prepare a Qualified Domestic Relations Order (“QDRO”), obtain the signature of the other party, and submit the QDRO to the Court by _______________ (date).6 (List the plans) ______________________________________________________________________ _____________________________________ ______________________________________________________________________ _____________________________________ E. Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, or trailers).7 (Choose 1 or 2) [ ] 1. We do not have any vehicles. (Or) [ ] 2. We have vehicles and are dividing them as follows: Petitioner will keep the following vehicles and assume any debt relating to each vehicle (p year of each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________ ________________________________ Respondent will keep the following vehicles and assume any debt relating to each vehicle year of each vehicle and list the vehicle identification number): Vehicle description ________________________________ ________________________________ ________________________________ ________________________________. Vehicle Identification No. (last six digits) ________________________________ ________________________________ ________________________________ ________________________________ Each person listed above as keeping the vehicles will pay for the costs of the vehicles, inc will transfer title by the following date: [ ] __________________________ (date). (Or) [ ] when the vehicle is paid off. (Or) [ ] the party who is keeping the vehicle already has the title in his/her name. F. Other property (such as business interests, patents, trademarks, copyrights, royalties, manuscripts, or any other property). (Choose 1 or 2) [ ] 1. Neither party has any other property. (Or) [ ] 2. One or both parties has the other property listed below, and we have agreed to divide it as _____________________________________________________________________ _____________________________________________________________________ _____________________________________________________________________. II. DEBTS WE ARE DIVIDING8 A. Debt. We attach a Debt List (Attachment C) which lists all of our debts, including mortgages, vehicle payments, taxes, credit cards, student loans, medical debts, judgments, and any other debts we may have. Any debt not listed is the responsibility of the person who created it. Each of us will pay debts we created prior to our marriage, unless we state differently here. Unless we state differently here, a person who takes property (such as a house or car) with a debt associated with it, will take the debt. (Choose all that apply) [ ] We have no debt from our marriage. [ ] We will pay our debts as listed on Attachment C. [ ] The amount owed from ______________________ to _____________________ for the division of the debts is $_______________, which is included in the calculation of the Cash Payment, Section III, below. B. Credit cards and charge cards. Each of us will turn in and cancel all joint credit cards, or we will have the credit card company take the other person’s name off of the account. C. Taxes. We will share information necessary to correctly file our income tax returns. We will get the help we need to file our taxes. D. Problem with tax returns. If any of our returns that we filed together are audited or contested, we will meet to decide what to do. If we cannot decide who pays the taxes owed or who gets any refund, we will ask a judge to decide at the time the problem comes up. E. Legal promise. We understand that if either of us fails to pay the debts we have promised to pay, the other party may end up making that payment. If that happens, the party who should have paid promises to repay the other party, including any other extra costs caused by the failure to pay, such as attorney fees, late fees, and interest charged by the creditor. III. CASH PAYMENT (If the parties have agreed that one party should pay money to the other in any of the preceding sections, those amounts should be included in this section.) In order to settle the division of property and debts, we agree that __________________________ (name) shall pay ______________________ (name) the amount of $______________ no later than ______________________ (date). We agree that judgment shall enter in this amount for _________________________ (name of person owed money). The statutory interest rate shall apply as provided in Section 56-8-4(A) NMSA 1978. IV. SPOUSAL SUPPORT9 A. We agree to spousal support as follows: (Choose 1 or 2) [ ] 1. No spousal support. Each of us can support ourselves and neither will pay spou (Or) [ ] 2. Spousal support. [ ] Petitioner (or) [ ] Respondent (choose one) will pay spousal Spousal support shall be paid as follows: (Choose i, ii, or iii) [ ] i. $_______________ per month on the _________________ (date) of each month f time), which is not modifiable. (Or) [ ] ii. $_______________ per month on the ________________ (date) of each month un (Or) [ ] iii. This is our other plan: _________________________________________________________ _________________________________________________________ _________________________________________________________ V. OTHER STATEMENTS BY PARTIES A. Documents. We will each sign the documents we need to divide the property and debts, and each will deliver to the other party all documents related to property and debt awarded to the other. B. Future issues.10 1. Either of us may ask the judge for help if a. one of us does not do what we said in this agreement; or b. we cannot agree on what this agreement says. We understand that the judge may make one party pay costs such as attorney fees. 2. If we forgot or failed to list any property or debt, we will seek the help we need to divide that property or debt.11 C. Final agreement. This is the final and entire agreement of the parties. Neither party is relying on other promises or statements that are not specifically included in this document. VERIFICATION When I sign here, I am telling the judge under oath and penalty of perjury: I have read this agreement and agree with everything in it; I have read the warnings and cautions listed in this agreement; I have disclosed all assets and debts known to me, and I understand that my spouse is relying on my disclosures; I have gotten the help I needed before signing this agreement; and this document and the statements in it are true and correct to the best of my knowledge and belief. I understand that I can be punished both civilly and criminally if any information in this agreement is false. ________________________________ Petitioner’s signature Date: ___________________________ ________________________________ Mailing address: __________________ ________________________________ ________________________________ Telephone ________________________________ Respondent’s signature Date: ___________________________ ________________________________ Mailing address: __________________ ________________________________ ________________________________ Telephone STATE OF NEW MEXICO ) COUNTY OF __________________ ) ss. Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by _______________________, the petitioner. _________________________________ Notary public My commission expires: _____________. STATE OF NEW MEXICO ) COUNTY OF __________________ ) ss. Acknowledged, signed and sworn to before me this _____ day of _____________, _____ by _______________________, the respondent. _________________________________ Notary public My commission expires: _____________. ATTACHMENT A: PERSONAL PROPERTY LIST (Attach additional pages if needed) List all items of value to you, such as furniture, household items, electronics, art, jewelry, and tools. Item Dollar Value Will belong to (check box for each item): Petitioner Respondent ATTACHMENT B: REAL PROPERTY LIST (Attach additional pages if needed) List all homes (other than the marital home), land, or other real property owned by Petitioner or Respondent. Other Real Property 1. Address/Description of property: ______________________________________ We agree to do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $____________. _____ The property will be sold and the proceeds divided as follows: _____________________________________________________________ _____________________________________________________________ _____ Other plan: _____________________________________________________________ _____________________________________________________________ 2. Address/Description of property: ___________________________________ We agree to do the following with the property after the divorce: (Choose all that apply) _____ Petitioner will keep the property; _____ Respondent will keep the property; _____ [ ] Petitioner [ ] Respondent shall pay the other party $____________. _____ The property will be sold and the proceeds divided as follows: _____________________________________________________________ _____________________________________________________________ _____ Other plan _____________________________________________________________ _____________________________________________________________ ATTACHMENT C: DEBT LIST (Attach additional pages if needed) (NOTE: This document is a public document. DO NOT list the full account number for any credit card or other loan information that you would not want to make public.) We understand that this agreement may not bind creditors. Creditor Last four (4) numbers on account Amount owed Will be paid by (check box): Petitioner Respondent DO NOT FILE THIS PAGE: FOR PARTY USE ONLY