New Mexico § 40-3-9 Definition of separate and community debts

New Mexico Statutes

§ 40-3-9 — Definition of separate and community debts

New Mexico § 40-3-9

Ch. 40Domestic Affairs

Art. 3Property Rights

This text of New Mexico § 40-3-9 (Definition of separate and community debts) is published on Counsel Stack Legal Research, covering New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.M. Stat. Ann. § 40-3-9 (2026).

Text

A. "Separate debt" means:

(1)a debt contracted or incurred by a spouse before marriage or after entry of a decree of dissolution of marriage;

(2)a debt contracted or incurred by a spouse after entry of a decree entered pursuant to Section 40-4-3 NMSA 1978, unless the decree provides otherwise;

(3)a debt designated as a separate debt of a spouse by a judgment or decree of any court having jurisdiction;

(4)a debt contracted by a spouse during marriage which is identified by a spouse to the creditor in writing at the time of its creation as the separate debt of the contracting spouse;

(5)a debt which arises from a tort committed by a spouse before marriage or after entry of a decree of dissolution of marriage or a separate tort committed during marriage; or (6) a debt declared to be unre

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A. "Separate debt" means: (1) a debt contracted or incurred by a spouse before marriage or after entry of a decree of dissolution of marriage; (2) a debt contracted or incurred by a spouse after entry of a decree entered pursuant to Section 40-4-3 NMSA 1978, unless the decree provides otherwise; (3) a debt designated as a separate debt of a spouse by a judgment or decree of any court having jurisdiction; (4) a debt contracted by a spouse during marriage which is identified by a spouse to the creditor in writing at the time of its creation as the separate debt of the contracting spouse; (5) a debt which arises from a tort committed by a spouse before marriage or after entry of a decree of dissolution of marriage or a separate tort committed during marriage; or (6) a debt declared to be unreasonable pursuant to Section 2 [40-3-10.1 NMSA 1978] of this act. B. "Community debt" means a debt contracted or incurred by either or both spouses during marriage which is not a separate debt.