Swink v. Fingado

OPINION

MONTGOMERY, Justice.

The United States Court of Appeals for the Tenth Circuit certified to this Court the following question of New Mexico law: 1

Do the 1984 amendments to § 40-3-8 N.M.S.A.1978 (as enacted), apply retroactively so as to convert property acquired by husband and wife as joint tenants prior to the passage of the amendments, and thus originally held as separate property, into community property which would be included in the bankruptcy estate?

Swink v. Sunwest Bank (In re Fingado), 955 F.2d 31, 32 (10th Cir.1992).

The 1984 amendments referred to in the question were contained…