The court, at the time of the final decree of dissolution of marriage, may declare, as between the parties, a debt to be unreasonable if it was incurred by a spouse while the spouse was living apart and the debt did not contribute to the benefit of both spouses or their dependents.
History: Laws 1983, ch. 75, § 2.
Attorney fees. — Trial court's finding and ultimate conclusion that all of the wife's attorney fees were excessive and unreasonable was error, where the fees that the wife incurred by seeking settlement of child custody and visitation constituted community debts under 40-3-9 NMSA 1978 and those fees that the wife incurred as a result of litigating the issue of child support likewise constituted a communal expense. Bustos v. Gilroy, 1988-NMCA-012, 106 N.M. 808, 751 P.2d 188.
Structure New Mexico Statutes
Section 40-3-1 - [Law applicable to property rights.]
Section 40-3-2 - [Methods for holding property.]
Section 40-3-3 - [Separation of property; admission to dwelling of spouse.]
Section 40-3-7 - Purpose of act.
Section 40-3-8 - Classes of property.
Section 40-3-9 - Definition of separate and community debts.
Section 40-3-9.1 - Gambling debts are separate debts of spouse incurring debt.
Section 40-3-10 - Priorities for satisfaction of separate debts.
Section 40-3-10.1 - Unreasonable debt.
Section 40-3-11 - Priorities for satisfaction of community debts.
Section 40-3-14 - Management and control of other community personal property.
Section 40-3-15 - Joinder of minor spouse in conveyances, mortgages and leases.