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What else can I help you with?
Can my house be repossessed if my husband is madebankrupt but is not on the deeds?
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.
How can you split the house or equity in the house if your husband is in bankruptcy 13 at the time of divorce?
Generally, Home Equity up to $150,000 is exempt from a bankruptcy if the property is HOME STEADED.
Are you responsible for your husband's debts if you are not listed in Oklahoma?
No. Oklahoma is not a community property state.
Texas property 48 ac plus home owned by husband and wife with 6 children husband dies how is the property supposed to be divided?
Assuming no Will, if community property, then all goes to wife. If separate property, then divided between wife & kids.
What rights does a husband have to real estate and all other property in Oregon left solely to his wife by her father in an unwitnessed holographic will?
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.
When a judgment is awarded against a man and wife and his company and the husband files bankruptcy on the company but the wife is not a party to the bankruptcy can her wages be garnished?
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.
Can your husband transfer a property to someone else without your consent?
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.
Can a wife be sued for husband's business expenses?
It depends on the form of the business and whether there is community property involved.
Can a husband file bankruptcy on credit cards which are solely held?
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.
Do I have a claim under the California Community Property Law if my late husband intended for his Retirement Insurance to go to me but his daughters are the named beneficiaries?
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.
Is Texas a Tenancy by the Entirety state?
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 your parent left you real property would your husband have a right to any of this property?
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.
