2020 New Mexico Statutes
Chapter 38 - Trials
Article 4 - Parties
Section 38-4-6 - [Married woman.]

A married woman shall sue and be sued as if she were unmarried.

History: Laws 1897, ch. 73, § 8; C.L. 1897, § 2685 (8); Code 1915, § 4075; C.S. 1929, § 105-109; 1941 Comp., § 19-606; 1953 Comp., § 21-6-6.

Bracketed material. — The bracketed material was inserted by the compiler and is not part of the law.

Section permits a married woman to institute and maintain an action for her physical injuries, pain and suffering in her own name without the joinder of her husband. Soto v. Vandeventer, 1952-NMSC-064, 56 N.M. 483, 245 P.2d 826; see also Roberson v. U-Bar Ranch, Inc., 303 F. Supp. 730 (D.N.M. 1968).

Right extends to nonresident married women. Roberson v. U-Bar Ranch, Inc., 303 F. Supp. 730 (D.N.M. 1968).

Husband proper party to bring action for medical expenses and loss of services arising from injuries to wife. — Where physical injuries are suffered by the wife because of negligence of the defendant, the cause of action for medical expenses, loss of services to the community, as well as loss of earnings, if any, of the wife belongs to the community, and the husband as its head is the proper party to bring such an action against one who wrongfully injured the wife. Soto v. Vandeventer, 1952-NMSC-064, 56 N.M. 483, 245 P.2d 826.

Right of wife to sue husband for torts committed during marriage. — One spouse may sue the other for intentional torts. Flores v. Flores, 1973-NMCA-011, 84 N.M. 601, 506 P.2d 345, cert. denied, 84 N.M. 592, 506 P.2d 336.

Am. Jur. 2d, A.L.R. and C.J.S. references. — Judgment in spouse's action for personal injuries as binding, as regards loss of consortium and similar resulting damage, upon other spouse not a party to the action, 12 A.L.R.3d 933.

41 C.J.S. Husband and Wife § 111.