Wiggins v. Rush
New Mexico Supreme Court
83 N.M. 133, 489 P.2d 641 (1971)
- Written by Liz Nakamura, JD
Facts
Roynel Wiggins signed a $35,000 promissory note to Wilfred Rush (defendant) before her marriage to Walt Wiggins (plaintiff). Roynel and Walt accumulated significant community property during their marriage, including multiple tracts of land that they acquired as joint tenants. The land tracts were acquired and maintained using community funds. Rush ultimately obtained a judgment against Roynel and sought to collect the $35,000 Roynel owed by placing a lien on the land tracts the Wigginses held in joint tenancy. Walt sued Rush, challenging his right to collect. The trial court held that (1) the properties must be classified as community property because the properties were acquired using community funds and there was no evidence beyond the title itself that the Wigginses intended to hold the properties as joint tenants rather than as community property, and (2) the Wigginses’ community estate could not be held liable for Roynel’s premarital debt to Rush. Rush appealed, arguing that he could still collect the debt Roynel owed even if the properties were classified as community property.
Rule of Law
Issue
Holding and Reasoning (Montoya, J.)
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