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Are you liable for your credit card debt if your husband filed bankruptcy or are you covered under community property debt?

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2005-10-11 13:27:26
2005-10-11 13:27:26

If the couple resided in a community property state both spouse's would have needed to file joint bankruptcy for the debt to be totally discharged. If one spouse did not file, it is quite possible the creditor will hold that person responsible for the debt owed.

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This depends on two things. Are the debts joint and do you live in a community property state? If they are his debts alone and you do not live in a community property state you are not responsible. Therefore you do not need to be a part of bankruptcy proceedings. If however they are joint debts and/or you live in a community property state you are equally responsible for the debt(s). And it would be in both of your best interest to file a joint bankruptcy.

Yes--unless the property was acquired in some other form (such as tenants in common) and both husband and wife approved that form in lieu of community property. The deed should read something like: Brad and Eufora Example, husband and wife, who are acquiring title as tenants in common and not as joint tenants with right of survivorship and not as community property. The buyers/grantees consent to the above conveyance as tenants in common and not as j.t.w.r.o.s and not as community property. (signatures)

Your husband's name is not on the deed, but is he on the loan? If yes, then it cannot be foreclosed and repossessed if the property is listed on his bankruptcy filing, and, as long as his bankruptcy payments are current. If he defaults on bankruptcy payments, then you can lose the property. If he is not on the loan, then your house can be foreclosed and repossessed.

Generally, Home Equity up to $150,000 is exempt from a bankruptcy if the property is HOME STEADED.

Assuming no Will, if community property, then all goes to wife. If separate property, then divided between wife & kids.

That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.That depends on details such as the laws in your jurisdiction, who owns the property and whether you live in a community property state.

Oregon is not a community property state. The husband is not an heir of his wife's father. The husband has no rights in or to to the real estate.

Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.In Texas "Husband and Wife" merely created community property.And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.

Texas recognizes "TENANCY BY THE ENTIRETY" only by mention in the BUSINESS ORGANIZATIONS CODE Sec. 152.052. and Sec. 252.001.However the concept is overridden by the inheritance laws / probate code and community property laws. In Texas inheritance of community property gives the spouse one half and the rest to other heirs unless it is "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP".In most states when the grantees of a deed are stated to be "Husband and Wife" a "TENANCY BY THE ENTIRETY" is created.In Texas "Husband and Wife" merely created community property.And does not necessarily do that if the grantor is one of the spouses and the deed does not declare and acknowledge the property to be community property with a notice of the effect of the document required by Texas Family Code.Utilizing both the identification of the grantees as "Husband and Wife" and declaration and acknowledgment of the property as "COMMUNITY PROPERTY WITH A RIGHT OF SURVIVORSHIP" provides the clarity needed.

If by "retirement insurance" you mean a qualified retirement account covered by ERISA, then the retirement account had to provide that the surviving spouse is the beneficiary, unless the surviving spouse consented to a different designation (such as to the daughters). So the claim is not under community property law, but rather federal ERISA law. I'm not sure about California in particular, but in at least one community property state, you might have a claim for fraud against the community if your husband caused community assets to pass to someone other than you. It would be a difficult claim, though, because an exception to the fraud on the community claim is a "natural" disposition of the property. And it is natural for a father to leave assets to his children.

If both persons were sued and a judgment awarded but only the husband filed bankruptcy and included the debt; the judgment can still be executed against any non-exempt property belonging to the wife and perhaps jointly owned property as well. The legal presumption is that the debt is still owed because it was jointly incurred.

To be clear...it is normally called just "community property". The community being the husband & wife are as one person. The family is not part of it. * Arizona * California * Idaho * Louisiana * Nevada * New Mexico * Texas * Washington * Wisconsin

Yes, legally spouses are not required to file joint bankruptcy when only one is the debtor. However, if the couple reside in a community property state the nonfiling spouse will still be held responsible for the debt, therefore joint bankruptcy is advisable. In non-community property states, the couple needs to be certain that their property exemptions are properly filed in order to be fully protected.AnswerHaving only one spouse go bankrupt is something to really be done to protect one spouses assets that were to be sole & separate of those in the marital union...not because a debt was incurred by only one of them. Noted particularly because of the wording of the Q - understand you don't pick what things are part of your bankruptcy - like his credit card but not the boat and our vacation savings bank account...if the husband & wife own assets or have debts together, those will be part of the bankruptcy, at least to the degree he owns a part.If there are some assets and/or liabilities that are held as sole & separate property of one or the couples (which as the previous notes is very, very difficult in Community Property - generally western - states), then you may be able to not involve those by having only one party go bankrupt.

I hate to say it but if his name is on the deed well let me put it like this the property was gained while you were married so in essence yes if you're living in a community state then you have a partner

Generally, no. Texas is a community property state. Generally, any property acquired prior to marriage, and maintained as separate property during the marriage, is not considered community property. For more detailed advice you should consult with an attorney who specializes in divorce law.

Married couples do not have to file joint bankruptcy. However, this does not neccesarily mean that all joint marital property will be exempted from bankruptcy proceedings. Also, married couples who live in community property states are usually considered equally responsible for debts incurred during the marriage. That being the case, the non filing spouse might still be held responsible for debts that were discharged in the filing spouse's BK. The best option is to discuss the matter with a qualified bankruptcy attorney before proceeding.

I know in my state, Louisiana, that would be considered an inheritance, and therefore, not community property. So, no, your husband would have no claim to it.But you need to check the inheritance laws of your state.In the USIn the United States a woman is allowed to own property in her own right. Her husband has no control over property she inherits. That sort of practice went out with the Married Women's Property Acts beginning in the nineteenth century which were originally designed to protect their property from their husband's creditors. In a community property state generally, a spouse's separate property consists of property the spouse owned before marriage or acquired by gift or inheritance during the marriage.

The answer depends on several factors:When the real estate was acquired by the husband- before or after marriageWhether they live in a community property state or a separate property stateThe probate and intestacy laws of the jurisdiction

In a non-community property state the property could be held in your own name. However, in many states your husband could demand a statutory share if you died unless he waived that right. If you live in a community property state you should consult with an attorney to make certain the transaction was executed properly to protect your sole interest.

NC is not a community property state. Assets would be divided in an equitable manner.

That gets delicate, as some states are "community property" states. You need to consult with an attorney.

Community property. Real estate or other items that are owned by two people, usually husband and wife. Items that cannot be sold by just one of the people involved.

The answer depends on the details: when the house was purchased, whether it became marital property by virtue of the husband paying for improvements, taxes, repairs, maintenance, etc., state laws, whether you live in a community property or separate property state, etc. You need to consult with an attorney who specializes in family law in your jurisdiction.The answer depends on the details: when the house was purchased, whether it became marital property by virtue of the husband paying for improvements, taxes, repairs, maintenance, etc., state laws, whether you live in a community property or separate property state, etc. You need to consult with an attorney who specializes in family law in your jurisdiction.The answer depends on the details: when the house was purchased, whether it became marital property by virtue of the husband paying for improvements, taxes, repairs, maintenance, etc., state laws, whether you live in a community property or separate property state, etc. You need to consult with an attorney who specializes in family law in your jurisdiction.The answer depends on the details: when the house was purchased, whether it became marital property by virtue of the husband paying for improvements, taxes, repairs, maintenance, etc., state laws, whether you live in a community property or separate property state, etc. You need to consult with an attorney who specializes in family law in your jurisdiction.


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