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Spouse & Community Property State

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  • Spouse & Community Property State

    I live in California, a community property state. I was married for about 3 years, and have been seperated since the begining of this year. One of the reasons why the marriage didn't work is because of my inablity to handle the finances. We have settled the marrieage amicably, and I am going to file CH 7very soon.

    What type of affect will this have on my soon to be ex spouse? She doesn't have much of anything at all and I am planning on filing as an individual rather than jointly. I don't want to ruin her status but am in great need to fix my debts.

    Please advise . . .

    Thanks!
    Filed 10.23.08 - Chapter 7 Pro Se
    341 meeting 12.23.08

  • #2
    You know, everything is opinion here as well as experience and what we have learned. In my opinion, If your separation/divorce is amicable, I would wait until you and she are officially individuals. I would suggest she may take back her maiden name. Then go for it. I am so sorry it did not work out. Is there any way you could get through this together and be comfortable with each other? I wish you well. ‘Hub
    If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

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    • #3
      She never took my name over the 3 years that we were married, she always kept her maiden name. Over the 3 years that we were married, we didn't even live in the same house for more than 6 total months. It was a shakey marriage from the begining because we just were'nt ready to be married. Either way, How would this affect the Ch 7 Bankruptcy? I really need to do this ASAP. I am currently getting my wages garnished and I would like use the automatic stay ASAP.

      Please help . . .
      Filed 10.23.08 - Chapter 7 Pro Se
      341 meeting 12.23.08

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      • #4
        If the divorce amicable, whats the delay, just do the paperwork already and file for divorce.

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        • #5
          Originally posted by *aaron* View Post
          She never took my name over the 3 years that we were married, she always kept her maiden name. Over the 3 years that we were married, we didn't even live in the same house for more than 6 total months. It was a shakey marriage from the begining because we just were'nt ready to be married. Either way, How would this affect the Ch 7 Bankruptcy? I really need to do this ASAP. I am currently getting my wages garnished and I would like use the automatic stay ASAP.

          Please help . . .
          I would think you need to file for divorce to ensure that she is not affected.

          On a side note, it makes me mad reading about your situation. Yeah we all make mistakes with money. Some more than others. Certainly not an excuse for someone to pack up and leave. I think this will be better for you in the long run. You can find someone who will stand by your side and work together, like an adult, rather than run when things get tough.
          My comments are solely based on my opinion. The information and links that I have
          posted are provided solely for informational purposes, and do not constitute legal advice

          Comment


          • #6
            As I understand it, in a community property state...whats mine is yours and whats yours is mine...debts included. If you chose to file then the debts will likely fall to her. What about asking her to file also if the debts are going to fall to her anyway?
            Filed!!04/23/2008[X] 341 5/27/2008[X]Converted to asset case 5/26/2008 [X]
            DISCHARGE 08/12/2008[X]
            Converted to NO Asset case 12/15/2008[X]
            Closed 12/16/2008 [X]:yahoo::yahoo::yahoo:

            Comment


            • #7
              Its the debts you acquired while being married that are considered, not the ones before marriage.

              Comment


              • #8
                Originally posted by shabam View Post
                I would think you need to file for divorce to ensure that she is not affected.

                On a side note, it makes me mad reading about your situation. Yeah we all make mistakes with money. Some more than others. Certainly not an excuse for someone to pack up and leave. I think this will be better for you in the long run. You can find someone who will stand by your side and work together, like an adult, rather than run when things get tough.
                I agree 100% with your comment, but keep in mind that some of us leave because we are dealing with sneaky theives that do nothing but squander and use until everything is gone. It seems like the original poster needed some help in learning how to control finances as opposed to someone like my ex that was an expert in conning people. I stuck it out for 9 years and refused to make it 10.

                Anyway, if you guys are on good terms, you should be able to file asap, then handle the divorce later if you don't have to worry about her objecting. I would make sure that she won't end up having to deal with creditors after you get your discharge. Even if she doesn't have anything worth taking, she could still end up with her wages garnished and creditors could make life interesting for her. If the debt was incurred during the marriage, it might be worth speaking with an atty. together.

                Good luck.
                Filed Chapter 7 (Primarily Business Expenses) 04/10/2008 FICO 468 :cry:
                341 on 05/06/08:unsure:House appraisal on day 63:blink: 07/10/2008 Discharged-Asset Case!!!:yahoo:08/09 Transu 559, Equifax 636, Experian 647
                Case Closed 07/15/2009 :D:yahoo:

                Comment

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