Angry young couple complaining about real estate with their divorce

There’s a reason why New Mexico is called the Land of Enchantment. From the mesas and the mountains to the modern commercial buildings that house our booming tech and manufacturing sector, the landscape is one of the best things about living here. Owning a piece of this land is something to be proud of. It connects you to the generations of desert dwellers, explorers, and indigenous people who have called the Albuquerque area home for centuries. 

It is therefore unsurprising that disputes over real estate are one of the things that divorcing couples often get hung up on. And without a resolution, the divorce cannot go through. 

When it becomes clear that an agreement will never be reached at the negotiating table, it may be time to bring in a third party. Attorney Bob Matteucci of Matteucci Family Law is routinely asked to serve as a special master in New Mexico divorce cases where a couple’s real estate holdings are the only thing holding up their divorce. 

What is a Special Master? 

A special master is a neutral third party the judge in a civil lawsuit can bring in to help resolve difficult cases. 

Rule 1-053 of New Mexico’s Rules of Civil Procedure for the District Courts, which outlines how courts are to use special masters, describes them as a referee, auditor, or examiner. This is an apt description since a special master does not advocate for either party like an attorney would do, and he or she does not have the same decision-making powers as the judge in the case. Instead, the special master often has a set of skills or certain knowledge that the parties’ attorneys or the judge overseeing the case believes will be helpful to tap into. 

Attorney Bob Matteucci is often brought in as a special master in divorces where a couple cannot come to an agreement dividing their real estate holdings. He has the unique skill set needed to assist in these cases thanks to his background as a small business owner

Before earning his J.D. with a concentration in Business Law from the University of New Mexico, Bob graduated from Tulane University with an MBA and was the owner of a profitable shoe store that generated over $5,500,000 in annual sales.

He knows how to dig into complex financial documents — like commercial real estate loans and leases — and quickly and fairly liquidate indivisible assets while maximizing their value. He can also suggest ways to apportion the value of a piece of real estate in a manner that does not diminish their utility if liquidation or division is not desirable.  

When dealing with multiple properties or complex real estate holdings, Bob ensures an equitable distribution that reflects the true value of residential and commercial buildings, agricultural land, and vacation property.

What Kinds of Real Estate Disputes Can a Special Master Help Resolve? 

Attorney Matteucci has found that the cases he is asked to work on as a special master are as varied as our state’s varied landscape. 

The exact scope of his duties and the work to be done in each case is specified by the judge and the parties to the case in a stipulated order filed with the court. The order tells him exactly what his job as special master in a particular case is, the timeline for the work, and the format of any reports that will be submitted. 

While no two cases are alike, here are a few examples of what a special master might be asked to do to resolve a real estate dispute that is holding up a divorce: 

  • Division of Real Estate Assets — New Mexico is a community property state, which means the value of all marital assets must be equally divided during a divorce. A special master can assist in determining the most equitable way to divide real estate assets, whether they are going to be sold off, partitioned, or held by one spouse while the other spouse gets equally valuable assets. If the couple owns multiple properties, the special master can recommend how to partition them between the parties or sell the properties and divide the proceeds.
  • Managing Real Estate Sales — When the court orders the sale of a piece of property, or the couple agrees to sell some property but can’t agree on the best way to do so, a special master can be appointed to oversee the sale, ensuring that it is conducted fairly and at market value. This can prevent disputes about how the sale is managed and how proceeds are distributed. The special master can also assist in selecting real estate professionals and managing the listing and sale process to avoid bias or conflict between the parties.
  • Resolving Disputes Over Classification, Ownership, and Title — Complicated Title Issues: If there are questions about the legal ownership of a property (e.g., if one spouse claims separate ownership or if there are third-party claims), a special master can analyze and resolve these issues.
  • Complex Valuation Issues — When there are disputes about the value of marital property, such as a family home or investment properties, a special master can be appointed to conduct a fair and impartial valuation, or hire an impartial appraiser to do so. In cases involving unique or high-value properties, such as farms, ranches, or commercial real estate, valuation can be tricky. A special master can help ensure the valuation reflects all relevant factors.
  • Disputes Over Use and Occupation — In cases where one spouse is temporarily occupying the marital home, a special master can mediate and establish terms for this arrangement, including responsibility for mortgage payments, maintenance, and other related issues. If there is a piece of property both parties want to use during the divorce proceedings — like a vacation home — the special master can make recommendations on how to manage this conflict.
  • Management of Rental Properties — For couples who own rental properties, a special master can oversee the management of these properties, including rental income and expenses, to ensure that both parties’ interests are protected.

And this is just the tip of the iceberg. Bob has quickly and efficiently outlined and addressed the sticking points in a variety of divorces where real estate disputes must be resolved. 

Who Pays for a Special Master in a Divorce Case? 

The special master is paid for by the parties involved in a case. The cost is typically split between the parties unless it would be more appropriate for one party to cover the full cost. 

How much it costs to hire a special master varies based on the work required. The fee charged may be a flat rate or hourly depending on the type of case and the work necessary.

Serving Families with Dignity & Compassion 

Attorney Bob Matteucci’s experience as a family law attorney, combined with his background as a business owner, makes him a highly sought after special master. Whether he is serving as an advocate, a mediator, or a special master, his goal is to help divorcing couples move forward with their lives. Please contact Bob today to schedule a meeting.