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Community Property States

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  • #91
    Originally posted by lovemybugs10 View Post
    What about the other side? I'm in MN. A non community property state.

    I am an authorized user on his cards.

    If he files bk and I don't, can they come after me? If it's a non community state- then it's his debt alone, right?
    He should remove you as AU before filing BK. Even though you are not responsible for his debt, his cards probably appear on your credit report.
    LadyInTheRed is in the black!
    Filed Chap 13 April 2010. Discharged May 2015.
    $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

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    • #92
      How does "community property law" affect a marriage that took place in a non-community property state then divorced in a community property state and eventually a spouse still living in non-comm state files for bankruptcy.

      let me use my situation as an example: My husband and I got married and spent the 6 years of marriage in Michigan with the last two years of that living together just as friends. He will be moving to Nevada and will file for divorce there. I, on the other hand will stay here in Michigan and will eventually file for BK.

      Since he will be relocating to Nevada and filing for divorce there, would that have any effect on him with regards to all my personal debts that were incurred at the time of marriage? He never signed any of the credit card agreements and all of it is mine alone (most of it I used to help a sister and brother who is undergoing medical procedures). Would his relocation and filing of divorce in Nevada make my debts his debts as well?

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      • #93
        Originally posted by jensantos16 View Post
        How does "community property law" affect a marriage that took place in a non-community property state then divorced in a community property state and eventually a spouse still living in non-comm state files for bankruptcy.

        let me use my situation as an example: My husband and I got married and spent the 6 years of marriage in Michigan with the last two years of that living together just as friends. He will be moving to Nevada and will file for divorce there. I, on the other hand will stay here in Michigan and will eventually file for BK.

        Since he will be relocating to Nevada and filing for divorce there, would that have any effect on him with regards to all my personal debts that were incurred at the time of marriage? He never signed any of the credit card agreements and all of it is mine alone (most of it I used to help a sister and brother who is undergoing medical procedures). Would his relocation and filing of divorce in Nevada make my debts his debts as well?
        Did you ever get an answer to your question? I am in a similar situation.

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        • #94
          I am pretty sure that whether debt is community property debt depends on the law of the state you lived in when the debt was incurred. Moving to another state shouldn't suddenly make somebody liable for existing debt he was not previously liable for.
          LadyInTheRed is in the black!
          Filed Chap 13 April 2010. Discharged May 2015.
          $143,000 in debt discharged for $36,500, including attorneys fees. Money well spent!

          Comment


          • #95
            I would say that if you move into another state, then the state laws apply at the time a lawsuit is filed, so if you default, and move into another state as a married couple, then the state community property law applies, meaning they can sue either one of you for any debt that has either one of your names on it, regardless if it is joint, authorized user, etc.

            Which is why I wish I could just move to Texas and need not worry anymore, but I digress.
            As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.©

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            • #96
              Update,

              So it seems as though everything that I have researched is thus far working. All but one of my creditors is still hassling me, its and old chase debt that has been sold to another JDB, then it was sent over to an out of state attorney's office.

              I got in touch with my local attorney and I gave them everything that I had on the topic of community discharges, and they formulated a letter basically stating that the marital community has received a discharge and is no longer liable, that their debt has been rendered "uncollectable".

              I was elated when I read it when they sent me a copy of it, all my hard work and research finally paying off and having a firm back me on it. I of course have them on retainer if in case they wish to go to court over it, which I highly doubt.

              The only caveat would be that my credit remains horrible, I have attempted to use the basis of the discharge as a means of removing the items, they remain on my record, but they are subject to the time limit requirement, and eventually the S.O.L. for my state, so I will just ride it out. I dont need credit anymore, no one does in this world.
              As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, nothing provided herein should be used as a substitute for the advice of competent legal counsel.©

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              • #97
                Any Updates on Moving In/Out of Community Property States?

                Originally posted by optimistic1 View Post
                Originally posted by jensantos16 View Post
                How does "community property law" affect a marriage that took place in a non-community property state...
                I would say that if you move into another state, then the state laws apply at the time a lawsuit is filed
                Did any of you learn any more about this?

                My spouse & I are in a community property state (CA), but in 2 months we will move to a non-community property state (OR). And that point we *may* have to file a BK because of a large CC debt. I'm wondering which state's laws will apply.

                I'm hoping only the laws of one's current state applies (in my case, OR, the non-comm prop state). All the CC debt is in my name, w/ my spouse only as the AU on one card. So we'd remove my spouse as the AU and I'd file a BK, and, hopefully, my spouse's credit history isn't damaged by my BK.

                I'd appreciate any updates from anyone....

                p.s. Do you think it matters how soon my spouse is removed as the AU? Do creditors care if the AU was removed just prior to filing a BK?

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                • #98
                  Originally posted by optimistic1 View Post
                  I would say that if you move into another state, then the state laws apply at the time a lawsuit is filed...
                  I found some relevant info.

                  This webpage says that if the debtor has lived in that state for at least two years, the laws that protect a bankruptcy debtor’s property are the laws of the state that they file in:

                  www(dot)bankruptcylawnetwork(dot)com/waiting-to-file-for-bankruptcy-until-you-move-can-hurt-you/


                  But this webpage says that the ownership of property depends on where it was acquired, without any mention of its status changing after 2 years:

                  communityproperty(dot)uslegal(dot)com/laws-governing-community-property/move-from-community-property-to-non-community/

                  So maybe liability for debts is forever based on where the debts were incurred?

                  Is there an attorney in the house?

                  Comment


                  • #99
                    Thanks for the information.

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