N.M. Stat. § 40-3-5
Disposition of real property without joinder where spouse is
prisoner of war/person missing-in-action.
A. If a spouse is reported by the United States department of defense to be a
prisoner of war/person missing-in-action, the other spouse may, not less than six
months after such report, file a petition of the facts which make it desirable for the
petitioning spouse to engage in a transaction for which joinder of both spouses is
required by Section 57-4-3 NMSA 1953.
B. The petition shall be filed in a district court of any county in which real property
described in the petition is located.
C. The district court shall appoint a guardian ad litem for the prisoner of war/person
missing-in-action and shall allow such guardian a reasonable fee for his services.
D. A notice, stating that the petition has been filed and specifying the date of the
hearing, accompanied by a copy of the petition shall be issued and served on the
guardian ad litem and shall be published once each week for four successive weeks in
a newspaper of general circulation in the county in which the proceeding is pending.
The last such publication shall be made at least twenty days before the hearing.
E. After the hearing, the district court may allow the petitioning spouse alone to
engage in a transaction for which joinder of both spouses is required by Section 57-4-3
NMSA 1953 upon such terms and conditions as may be appropriated [appropriate] or
necessary to protect the interests of the absent spouse.
F. Any sale, lease, conveyance or encumbrance authorized by the district court
pursuant to Subsection E of this section shall be confirmed by order of the district court,
and that order of confirmation may be recorded in the office of the county clerk of the
county where any property affected thereby is situated.