SENATE FLOOR SUBSTITUTE FOR
HOUSE BILL 603
48th legislature - STATE OF NEW MEXICO - first session, 2007
AN ACT
RELATING TO CONTRACTS; ENACTING THE CONTRACTUAL COMMON HOUSEHOLD ACT.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF NEW MEXICO:
Section 1. SHORT TITLE.--This act may be cited as the "Contractual Common Household Act".
Section 2. DEFINITIONS.--As used in the Contractual Common Household Act:
A. "common household member" means an adult who enters into a contractual common household with another; B. "contractual common household" means the exclusive legal union of two adults of any blood relationship to maximize domestic benefits and commit to shared domestic responsibilities; and
C. "filing of a contractual common household" means the day and hour at which a county clerk receives a contractual common household form and a fee of twenty-five dollars ($25.00).
Section 3. PRESUMPTIONS.--Common household members are presumed to:
A. be competent to enter a contract to receive benefits that are available to each other separately, including:
(1) inheritance;
(2) health, retirement, retiree member contribution, pension and survivor benefits;
(3) property subject to Section 5 of the Contractual Common Household Act; and
(4) the privilege not to testify against each other;
B. be competent to act as surrogates for each other for the purpose of medical decision-making and to make, revoke or object to an anatomical gift of a decedent ally;
C. purchase property jointly;
D. assume for a child born or adopted by one or both common household members all the duties of parentage; and
E. be subject to statutory nepotism restrictions.
Section 4. ISSUES RELATED TO CHILDREN AND PARENTING.--The Contractual Common Household Act does not affect existing child custody, visitation or parenting agreements, legitimize a child born into or adopted into a contractual common household or legitimize an incestuous sexual relationship between blood relations, including between a grandparent and grandchild, parent and child, aunt or uncle and nephew or niece and sibling or half-sibling and another sibling or half-sibling. A contractual common household involving an incestuous sexual relationship is prohibited and shall be declared void.
Section 5. DISPOSITION OF PROPERTY IN A CONTRACTUAL COMMON HOUSEHOLD.--Property in a contractual common household shall be classed as follows:
A. "separate property" is that property:
(1) acquired before filing the contractual common household or after dissolving the contractual common household;
(2) designated as separate property by a judgment or decree of any court having jurisdiction; or
(3) received by either common household member by gift, bequest, devise or descent; and
B. "joint property" is that property acquired during the contractual common household, including property acquired by an instrument in writing signed by either common household member, unless such property is separate property within the meaning of Subsection A of this section.
Section 6. DEBT.--The debt of a contractual common household is:
A. "separate debt" if:
(1) contracted for or incurred by a common household member before filing of a contractual common household or after entry of a decree of dissolution of a contractual common household;
(2) designated as a separate debt by a common household member to a creditor at the time of contracting for the debt;
(3) incurred pursuant to a tort committed by a common household member prior to filing the contractual common household or after entry of a decree of dissolution of the contractual common household; or
(4) a result of legal gambling; and
B. "joint debt" if contracted for or incurred by either or both common household members during a contractual common household and not classified as a separate debt pursuant to Subsection A of this section.
Section 7. EXCLUSIVITY.--A person shall enter no more than one contractual common household at a time. A common household member shall dissolve one contractual common household before filing another. A married person shall not file a contractual common household until divorced or widowed.
Section 8. JURISDICTION.--The district court has jurisdiction over proceedings relating to the dissolution of a contractual common household or legal separation of common household members. The district court shall apply the relevant contract provisions for dissolution of a contractual common household.
Section 9. CONTRACTUAL COMMON HOUSEHOLD FORMS.--
A. Forms used for filing a contractual common household shall be substantially as provided in this section. All such forms shall be provided free of cost by the county.
B. The application for contractual common household shall be substantially as follows:
"APPLICATION FOR CONTRACTUAL COMMON HOUSEHOLD
1. The parties identified below hereby apply for recognition as a contractual common household.
Party 1 Party 2
__________________________ _____________________________
(Name) (Name)
___________________________ ______________________________
(Address) (Address)
___________________________ ______________________________
(City, State, Zip) (City, State, Zip)
___________________________ ______________________________
(Current county of residence) (Current county of residence)
2. Other registrations.
Check if you have previously Check if you have previously
registered a contractual registered a contractual
common household: ________ common household: ________
Check if you have previously Check if you have previously
been married: ______ been married: ______
Date of dissolution Date of dissolution
of marriage or of marriage or
contractual common contractual common
household: _______ household: _______
County and state of County and state of
registration or registration or
marriage: __________________ marriage:_____________________
3. I ___do/___do not have a I ___do/ ___do not have a
separate agreement that separate agreement that
affects the registration of affects the registration of
this contractual common this contractual common
household: household:
__ Previous settlement __ Previous settlement
agreement agreement
__ Power of attorney __ Power of attorney
__ Will __ Will
__ Beneficiary form __ Beneficiary form
__ Other (please specify): __ Other (please specify):
__________________________ ___________________________".
C. The contractual common household agreement shall be substantially as follows:
"CONTRACTUAL COMMON HOUSEHOLD AGREEMENT
STATEMENTS RECEIVED AND FILED IN COUNTY CLERK'S OFFICE AT ______ O'CLOCK ______. M. ON _________________, 20__.
COUNTY CLERK, __________________________________________ COUNTY
By ____________________________________________________, Deputy
To the county clerk:
We the undersigned hereby agree that:
each of us has reached the age of majority;
each of us is competent to consent to enter this contractual common household;
neither of us is in another contractual common household or marriage that has not been dissolved or terminated;
each of us enters this contractual common household voluntarily and without coercion; and
the information contained in this affidavit is correct and true.
Applicant 1: _________________ Applicant 2: _________________
(printed name) (printed name)
Date of birth: _______________ Date of birth: _______________
Place of birth: ______________ Place of birth: ______________
Present address: _____________ Present address: _____________
______________________________ ______________________________
______________________________ ______________________________
______________________________ ______________________________
Signature:______________ Signature: ______________".
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