Legal Opinion
Cortez v. Cortez
New Mexico Supreme Court
Decided February 20, 2009No. 30,717PublishedCited by 6 opinions
1Opinion of the Court
OPINION
BOSSON, Justice.
{1} Marital settlement agreements are contracts executed by divorcing spouses setting forth the present and future obligations of the parties. They are to be interpreted and enforced according to their terms, when clear, including even the extreme case of enforcing a forfeiture of one spouse’s property interest to the other. But when clarity is lacking or important terms are absent, and the parties have substantially complied with their obligations to each other, then equity must intervene to avoid a forfeiture when not to do so would be unfair. Our Court of Appeals…
2Cases cited25 opinions
- Smith v. PRICE'S CREAMERIES, DIV., ETC.New Mexico Supreme Court · 1982
- Strata Production Co. v. Mercury Exploration Co.New Mexico Supreme Court · 1996
- Davies v. BoydNew Mexico Supreme Court · 1963
- Herrera v. Roman Catholic ChurchNew Mexico Court of Appeals · 1991
- Bishop v. BeecherNew Mexico Supreme Court · 1960
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3Cited by6 opinions
- Eker Bros. Inc. v. RehdersNew Mexico Court of Appeals · 2011
- W. Albuquerque Land Holdings, LLC v. Westland Partners, LLCNew Mexico Court of Appeals · 2024
- Cook v. Eastern Savings Bank, FSB (In Re Cook)Court of Appeals for the Tenth Circuit · 2012
- Esquibel v. EsquibelNew Mexico Court of Appeals · 2016
- Lovelace v. Funding ConnectionNew Mexico Court of Appeals · 2010
1 more not listed; retrieve them via the Exa API.