New Mexico Statutes 40-3-9. Definition of separate and community debts
A. “Separate debt” means:
Terms Used In New Mexico Statutes 40-3-9
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
(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 N.M. Stat. Ann., 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 N.M. Stat. Ann.] 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.