{"data":{"id":"us-nm/40-3-9","jurisdiction":"us-nm","citation":"40-3-9","heading":"Definition of separate and community debts.","body":"A. \"Separate debt\" means:\n(1) a debt contracted or incurred by a spouse before marriage or after entry of a decree of dissolution of marriage;\n(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;\n(3) a debt designated as a separate debt of a spouse by a judgment or decree of any court having jurisdiction;\n(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;\n(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\n(6) a debt declared to be unreasonable pursuant to Section 2 [40-3-10.1 NMSA 1978] of this act.\nB. \"Community debt\" means a debt contracted or incurred by either or both spouses during marriage which is not a separate debt.","path":["Chapter 40 - Domestic Affairs","ARTICLE 3 Property Rights"],"source_url":"https://nmonesource.com/nmos/nmsa-unanno/en/item/18540/index.do","current_through":"2026-07-01","vintage":"","retrieved_at":"2026-09-03T15:02:19Z","sha256":"3f83680126ef08f15290841179847bde79eea1a3acf54f797afaa9bf49a57c80","source_id":"us-nm","stale":false,"prev":"us-nm/40-3-8","next":"us-nm/40-3-9.1"},"notice":"GroundRules: Original legal text. Not legal advice."}