CHAPTER 7-3
SEPARATION OF PROPERTY AND DEBTS

7-3-1 Property Defined.

Property includes real and personal property and the rent, and profits accruing upon that property. Community property means all property acquired by the husband and wife during their marriage which is not separate property or separate property which becomes so commingled with community property that it cannot be identified as separate property.

7-3-2 Separate Property Defined.

Separate property shall be:

(A)    acquired before the marriage or after the marriage is legally dissolved;

(B)    acquired by gift, bequest, devise or descent; or

(C)    designated by written agreement between the parties.

7-3-3 Separate Debts.

A separate debt is:

(A)    incurred prior to the marriage or after the marriage is dissolved;

(B)    incurred during the marriage in which it is stated in writing to the creditor to be the separate debt of the husband or wife incurring it.

7-3-4 Sale/Transfer of Community Real Property.

The spouse must join in all transfers, conveyances or mortgages or contracts to transfer, convey or mortgage any interest in community real property or separate real property owned by the husband and wife as joint tenants or tenants in common. Any conveyance made by either spouse in violation of this provision shall be void.

7-3-5 Community Personal Property.

Community personal property may be managed and disposed of only by the husband and wife jointly, regardless of whose name appears on the document evidencing ownership of the property.

7-3-6 Court Ordered Payments.

In any divorce proceeding, the Tribal Court shall be empowered to order the equitable assumption of the community indebtedness by the parties. The failure of a party to assume and pay a community debt shall give the other party the right to appear before the Court and seek enforcement of the Court’s order to that party to pay the debt. The Court may not, by such an order to assume and pay a debt, relieve the other party from liability therefor should the assuming party default. The Court may not alter a legally binding agreement entered into by a married couple with a third party, unless one of the parties can prove that he or she was fraudulently induced to enter into the agreement.

(Title 7, enacted by PBP TC No. ________, _________ ; amended by PBP TC No. 2008-225, dated October 10, 2008)