N.M. Stat. § 42-5-8
Allocation of costs of partition; definition.
A. In the event partition of the cotenancy is made by the commissioners appointed,
the costs of partition shall by the court be apportioned among all the cotenants, and the
proportion of the costs assessed against each cotenant shall be a lien upon the share of
the cotenancy assigned by the commissioners to the cotenant. If partition cannot be
made without manifest prejudice to the cotenants and sale of the estate is ordered, the
costs of the action shall be apportioned among all the cotenants, and the proportion of
the costs assessed against each cotenant shall by the court be deducted and withheld
from the distributive share of the proceeds of the sale assigned to the cotenant.
B. As used in this section "costs" includes expenses incurred by commissioners,
expenses incurred by agents or masters appointed by the court to conduct a sale, costs
of survey and other costs incurred in physical partition or in sale which to the court
seem just and proper.
C. The reasonable attorney fees of a party to an action for partition of a cotenancy
may be awarded in the court's discretion, as it may deem just and equitable.