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Medina v. Medina

139 N.M. 309, 131 P.3d 696 (2006)

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Medina v. Medina

New Mexico Court of Appeals
139 N.M. 309, 131 P.3d 696 (2006)

Facts

Jose Medina (plaintiff) and Rachael Medina (defendant) married in May 1993 in New Mexico. Rachael, falsely claiming that Jose had died, obtained a marriage license and ostensibly married Paul Orozco in Colorado in September 1999. Orozco died in 2002. Jose filed for divorce in 2003 and argued that because Rachael committed bigamy, she was barred from receiving a share of his retirement benefits for the period corresponding to her bigamous marriage to Orozco. The trial court ruled that the period of Rachael’s claim to the community property, including Jose’s retirement benefits, ended when she purportedly married Orozco in September 1999. Rachael appealed.

Rule of Law

Issue

Holding and Reasoning (Pickard, J.)

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