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

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.

Legislative History

1953 Comp., § 57-4A-3, enacted by Laws 1973, ch. 320, § 4; 1983, ch. 75, §