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NEW MEXICO STATUTES AND CODES

Section 40-3-9 - Definition of separate and community debts.

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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.
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  • 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.   

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