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SWINK v. FINGADO

No. 20364.

850 P.2d 978 (1993)

115 N.M. 275

Harley H. SWINK, Trustee, Plaintiff-Appellant, v. Valetta Ruth FINGADO, Defendant-Appellee.

Supreme Court of New Mexico.

March 2, 1993.

Attorney(s) appearing for the Case

Leslie C. King, III, James R. Jurgens, Santa Fe, for plaintiff-appellant.

Robert Waldman, J. Bart Wright, Albuquerque, for defendant-appellee.

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...

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