New Mexico § 40-3-9 - Definition of separate and community debts
Full text of New Mexico New Mexico Statutes Annotated § 40-3-9 — Definition of separate and community debts, with citation guidance and answers to common questions.
§ 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 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.
Source: official New Mexico text · Last verified 2026-08-27
Frequently Asked Questions About New Mexico § 40-3-9
What does New Mexico Statutes Annotated § 40-3-9 cover?
Section 40-3-9 ("Definition of separate and community 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 § 40-3-9?
A common citation format is "New Mexico Statutes Annotated § 40-3-9" (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 § 40-3-9 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.