New Mexico § 40-3-10 - Priorities for satisfaction of separate debts

Full text of New Mexico New Mexico Statutes Annotated § 40-3-10 — Priorities for satisfaction of separate debts, with citation guidance and answers to common questions.

§ 40-3-10. Priorities for satisfaction of separate debts

A. The separate debt of a spouse shall be satisfied first from the debtor spouse's

separate property, excluding that spouse's interest in property in which each of the

spouses owns an undivided equal interest as a joint tenant or tenant in common. Should such property be insufficient, then the debt shall be satisfied from the

debtor spouse's one-half interest in the community property or in property in which

each spouse owns an undivided equal interest as a joint tenant or tenant in common,

excluding the residence of the spouses. Should such property be insufficient, then the debt shall be satisfied from the

debtor spouse's interest in the residence of the spouses, except as provided in Subsection

B of this section or Section 42-10-9 NMSA 1978 . Neither spouse's interest in community property or separate property shall be liable

for the separate debt of the other spouse. B. Unless both spouses join in writing in the creation of the underlying debt or obligation

incurred after the marriage, a judgment or other process arising out of such post-marital

debt against one spouse alone or both spouses shall not create a lien or otherwise

be subject to execution against the interest of the nonjoining spouse in the marital

residence, whether held by the spouses as community property, joint tenants or tenants

in common. C. The priorities or exemptions established in this section for the satisfaction of

a separate debt must be claimed by either spouse under the procedure set forth in Section 42-10-13 NMSA 1978, or the right to claim such priorities or exemptions is waived as between a

spouse and the creditor. D. This section shall apply only while both spouses are living and shall not apply

to the satisfaction of debts after the death of one or both spouses.

Source: official New Mexico text · Last verified 2026-08-27

Frequently Asked Questions About New Mexico § 40-3-10

What does New Mexico Statutes Annotated § 40-3-10 cover?

Section 40-3-10 ("Priorities for satisfaction of separate debts") is part of the New Mexico Statutes Annotated, the codified statutory law of New Mexico. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New Mexico § 40-3-10?

A common citation format is "New Mexico Statutes Annotated § 40-3-10" (New Mexico). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New Mexico law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New Mexico official source linked on this page or consult a licensed New Mexico attorney.

How does New Mexico § 40-3-10 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New Mexico can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New Mexico.