Olivas v. Olivas
New Mexico Court of Appeals
780 P.2d 640 (N.M. Ct. App. 1989)
Relevant factsFree
Sam and Carolina Olivas (co-owners as tenants in common) were married but divorcing; about two months before the divorce, Sam (plaintiff) voluntarily moved out of the marital home to live with a girlfriend, and Carolina (defendant) remained in possession. Sam sued for rent, claiming constructive ouster, and the trial court ruled for Carolina; Sam appealed.
IssueFree
Whether a spouse who voluntarily moves out of the marital residence for his own personal reasons, and whose departure helped precipitate the divorce, is entitled to rent from the spouse remaining in possession.