N.M. Stat. § 40-3-4
Contracts of indemnity; no obligation of community
property unless signed by both husband and wife.
It is against the public policy of this state to allow one spouse to obligate community
property by entering into a contract of indemnity whereby he will indemnify a surety
company in case of default of the principal upon a bond or undertaking issued in
consideration of the contract of indemnity. No community property shall be liable for any
indebtedness incurred as a result of any contract of indemnity made after the effective
date of this section, unless both husband and wife sign the contract of indemnity.