Fill and Sign the Case Name San Joaquin County Superior Court Form

4A-301. Marital settlement agreement.STATE OF NEW MEXICOCOUNTY 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 weboth sign it. We understand that the judge may make changes to this agreement and that we mustcomply with any changes made.I.PROPERTY WE ARE DIVIDING2A.Personal property (such as clothing, furniture, jewelry, or artwork). We have agreedhow we will divide our property. We have attached a Personal Property List (AttachmentA) 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 toreceive.(Or)[ ]2.We will make sure we each have our own property by___________________________ (date).B.Real Property (such as a home, mobile home, condominium, lot, or commercialbuilding). 3(Choose all that apply)[ ]1.Neither of us has real property.[ ]2.We have 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. Otherplan.)[ ]a.Keep the home. We agree to the following:(Choose i or ii)[ ]i.Petitioner shall keep the home and be responsible for all debtsrelated to the home. (Or)[ ]ii.Respondent shall keep the home and be responsible for all debtsrelated to the home.The person who keeps the home is called the “homeowner.” The otherperson is called the “moving spouse.”We further agree to the following:(Choose all that apply)[ ]iii.The amount owed to the moving spouse to buy out that person’sinterest is $_______________________, which is included in thecalculation of the Cash Payment, Section III, below.[ ]iv.The homeowner will apply to refinance the debt owed on the homeno later than ______________________________ (date).[ ]v.This is our plan for the homeowner to buy out the moving spouse’sinterest in the home or to get the moving spouse off of the loanpapers:4________________________________________________________________________________________________________________________________________________[ ]b.Sell the home. We are going to sell the home and divide the money fromthe sale as follows:___________________________________________________________________________________________________________.While the home is being sold, [ ] Petitioner (or) [ ] Respondent (chooseone) will stay in the home. Until the home sells, we will pay expenses, including mortgage, taxes andinsurance, utility bills, and repairs for the home as follows (describe whois to pay and how much each person will pay):_________________________________________________________________________________________________________________________________________________________________.We both will cooperate with the showing of the home and the sale of thehome, including signing all paperwork needed in order to sell it andtransfer title. Both of us will preserve the home in a reasonable wayincluding the following things:_________________________________________________________________________________________________________________________________________________________________.[ ]c.Other plan. We have attached a separate sheet with our plan regarding thehome. [ ]3.One or both of us has other real property as set forth in the attached Real PropertyList (Attachment B), and we have agreed to divide that property as set forth in theattachment. If one party owes the other money for the division of the other realproperty, that amount should be included in the calculation of the Cash Payment,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 asfollows:Petitioner will have the following bank or investment accounts:Name of institutionLast four (4) digits of account number_________________________________________________________________________________________________________________________________Respondent will have the following bank or investment accounts: Name of institutionLast 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 thefollowing retirementplan(s):(Circle one to show whetherPetitioner will KEEP the entireplan, DIVIDE the plan withRespondent, or TRANSFER theentire plan to Respondent)If plan will beDIVIDED, theamount or % tobe given toRespondent:[KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER][KEEP] [DIVIDE] [TRANSFER]Respondent has thefollowing retirementplan(s):(Circle one to show whetherRespondent will KEEP the entireplan, DIVIDE the plan withPetitioner, or TRANSFER theentire plan to Petitioner)If plan will beDIVIDED, theamount or % tobe given toPetitioner:[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 aQualified Domestic Relations Order (“QDRO”), obtain the signature of the otherparty, and submit the QDRO to the Court by _______________ (date). (List the 6 plans)______________________________________________________________________________________________________________________________[ ]For the following retirement plans that will be divided, Respondent shall prepare aQualified Domestic Relations Order (“QDRO”), obtain the signature of the otherparty, and submit the QDRO to the Court by _______________ (date). (List the 6plans)______________________________________________________________________________________________________________________________E.Vehicles (such as cars, trucks, motorcycles, recreational vehicles, boats, tractors, ortrailers).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 eachvehicle (provide the make, model, and year of each vehicle and list the vehicleidentification number):Vehicle descriptionVehicle Identification No._______________________________________________________________________________________________________________________________________________________________.Respondent will keep the following vehicles and assume any debt relating to eachvehicle (provide the make, model, and year of each vehicle and list the vehicleidentification number):Vehicle descriptionVehicle Identification No._______________________________________________________________________________________________________________________________________________________________.Each person listed above as keeping the vehicles will pay for the costs of thevehicles, including insurance. The parties will transfer title by the following date:[ ]___________________________ (date). (Or)[ ]when the vehicle is paid off.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 todivide it as follows: ___________________________________________________________________________________________________________________________________________________________________________________.II.DEBTS WE ARE DIVIDING8A.Debt. We attach a Debt List (Attachment C) which lists all of our debts, includingmortgages, 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 personwho created it. Each of us will pay debts we created prior to our marriage, unless westate differently here. Unless we state differently here, a person who takes property (suchas 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 _____________________ forthe division of the debts is $_______________, which is included in the calculationof 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. Wewill 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 taxesowed or who gets any refund, we will ask a judge to decide at the time the problem comesup.E.Legal promise. We understand that if either of us fails to pay the debts we havepromised to pay, the other party may end up making that payment. If that happens, theparty who should have paid promises to repay the other party, including any other extracosts caused by the failure to pay, such as attorney fees, late fees, and interest charged bythe creditor.III. CASH PAYMENT(If the parties have agreed that one party should pay money to the other in any of thepreceding 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 $ ______________ nolater than ______________________ (date). We agree that judgment shall enter in thisamount for _________________________ (name). The statutory interest rate shall apply asprovided in Section 56-8-4(A) NMSA 1978.IV. SPOUSAL SUPPORT9A.We agree to spousal support as follows:(Choose 1 or 2)[ ]1.No spousal support. Each of us can support ourselves and neither will payspousal support to the other.(Or)[ ]2.Spousal support.[ ] Petitioner (or) [ ] Respondent (choose one) will pay spousalsupport to the other spouse.a.Spousal support will be paid as follows:(Choose i, ii, or iii)[ ]i.$_______________ per month on the ______________ (date) of eachmonth for ______________________ (period of time), which is notmodifiable.(Or) [ ]ii.$_______________ per month on the ______________ (date) of eachmonth until modified by the court.[ ]iii.This is our other plan: _________________________________________________________________________________________________________________________________________________________b.For tax purposes, we will treat spousal support as follows:(Choose i or ii)[ ]i.The person paying spousal support will deduct the payments on [his][her] income tax return. The person receiving support will show thesupport as income on [his] [her] income tax return. Spousal supportwill end if the person to receive the support dies.(Or)[ ]ii.The person paying spousal support will not deduct the payments on[his] [her] income tax return. The person receiving spousal supportwill not include the payment as income on [his] [her] income taxreturn.V.OTHER STATEMENTS BY PARTIESA.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 debtawarded to the other.B.Future issues.101.Either of us may ask the judge for help ifa.one of us does not do what we said in this agreement; orb. 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 todivide that property or debt.11C.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 thisdocument.VERIFICATIONI affirm under oath and penalty of perjury under the laws of the State of New Mexico thefollowing:I have read this agreement and agree with everything in it; I have read the warnings andcautions listed in this agreement;I have disclosed all assets and debts known to me, and I understand that the other party isrelying on my disclosures;I have gotten the help I needed before signing this agreement; and this document and thestatements 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 thisagreement is false.______________________________________________________________Petitioner’s signatureRespondent’s signatureDate: __________________________Date: __________________________Mailing address: _________________Mailing address: _______________________________________________________________________________Telephone:______________________Telephone: _____________________STATE OF NEW MEXICO)COUNTY OF _____________) ss.Acknowledged, signed and sworn to before me this _____ day of _____________, _____by ______________________, the petitioner.________________________________Notary publicMy commission expires: _______________________.STATE OF NEW MEXICO)COUNTY OF _____________) ss.Acknowledged, signed and sworn to before me this _____ day of _____________, _____by ______________________, the respondent. ________________________________Notary publicMy 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, andtools.ItemDollar ValueWill belong to (check box for each item): Petitioner RespondentATTACHMENT 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 orRespondent.Other Real Property1.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 anycredit card or other loan information that you would not want to make public.) We understand that this agreement may not bind creditors. CreditorLast four (4) numbers onaccountAmountowedWill be paid by (check box): Petitioner RespondentUSE NOTE1.A marital settlement agreement must be filed in every dissolution of marriagecause. See Forms 4A-100, -200, and -300 NMRA for additional information about completingand filing this form.2.It is highly recommended that you consult with an attorney. Whether property isseparate or community is a complicated issue. There can be serious consequences, including taxconsequences, for the division of property and for not properly transferring property, includingretirement accounts. You may need separate documents to transfer divided property.3.To transfer land, a building or a home other than a mobile home, the parties mustprepare, sign and record a deed in the real property records where the property is located. Totransfer a mobile home, contact the Motor Vehicle Division. 4.If both parties are listed on the mortgage, you must seek lender approval toremove the moving spouse from the mortgage and from responsibility for payment.5.If the parties are going to divide a retirement plan, contact the retirement planbefore completing and filing this form. Depending on the plan, a QDRO may be necessary. Ifthe parties cannot agree on the terms of the QDRO, they should request a hearing. 6.CAUTION: You may want to consult an attorney about your retirement, pension, deferred compensation, 401k plans, and/or benefits. If you do not see an attorney regarding theseassets, you risk losing any interest you have in these plans and/or benefits. There are certaindocuments the plan administrator must have. An attorney can help you prepare these documents.7.To transfer vehicles or a mobile home, contact the Motor Vehicle Division.8.This agreement may not affect the rights of creditors even when approved by theCourt as part of the final decree. The creditor may expect payment from you no matter whoagrees to pay the debt in this agreement. See an attorney if you have questions about separateand community debts and separate and community property.9.There can be serious consequences resulting from spousal support awards. If youragreement includes spousal support, you should consult with an attorney.10.Consult with an attorney if problems arise later.11.To divide property or debts left out of this agreement, see Section 40-4-20(A)NMSA 1978.[Approved by Supreme Court Order No. 13-8300-010, effective for all pleadings and papers filedon or after May 31, 2013, in all cases pending or filed on or after May 31, 2013; as amended bySupreme Court Order No. 14-8300-011, effective for all pleadings and papers filed on or afterDecember 31, 2014, in all cases filed or pending on or after December 31, 2014; as amended bySupreme Court Order No. 15-8300-024, effective for all pleadings and papers filed afterNovember 18, 2015.]