Domestic Relationships and BK

[STofSHK]

Hi, hope everyone is well. I am going to be filing chpt13. Wanted to know if I was married in 1987, shortly after that we seperated, I haven't heard from him since, and don't know where he is. will I be able to file not married? Presently living with someone for seven years. Reason for chpt 13 is to save our house. Loan is in my name. However the deed is in my name and my domestic partner(also said I was single when bought the home). Thanxs!!!!!!!!!!!!!!!!!!!

[AngelinaCat]

Hi STofSHK: I moved your question into its own thread, so that more posters will be able to see it. You will get better responses here. My best!

[STofSHK]

Thank you cat I appreciated.

[justbroke]

I don't know what the real issue is. Sounds like you're still married, only separated. You can certainly file. The only difference is that on your Mans Test, you'll need to check the "Married... Declaration of Separate Households" box to declare, under penalty of perjury, that you are separated and/or are living in separate households. That's it.

When you make this declaration, you do not need to include your spouse's income in your Current Monthly Income (CMI) calculations.

Now as to the domestic partner... you would need to include their income in your CMI to the extent that it is used for your living expenses.

[STofSHK]

will they ask me to get a hold of him? And will I get in trouble, because when I purchased the home I put that I was single(which is on the deed)?

[justbroke]

will they ask me to get a hold of him? And will I get in trouble, because when I purchased the home I put that I was single(which is on the deed)?

No, they will not ask you to get a hold of him. You "may" be legally separated. I don't see how buying a home affects any community property rights.

However, whether the community property rights still exists where a spouse simply desserts the relationship (leaves), is a question under local State (non-bankruptcy) law.

[STofSHK]

Thank you Jbroke, that is a relief.

[justbroke]

I made a correction above. Whether you are "legally" separated or not, will be the interesting part. I suggest that you actually try to get a legal separation or a divorce. I don't see any reason to still be married if you don't even know where this person is!

On your tax returns, do you file "Married filing Separately"?

[STofSHK]

I file seprately.

[STofSHK]

Correction I file single.

[NoMoreCards]

I didn't see what state you are in, but if you are in a community property state, please realize your "hubby" can show up and claim 50% ownership in anything you own. I am not saying it would happen but I suspect it "could", and that is just another reason to get your official divorce. The courts can grant a divorce even if you do not know his location. It should be a easy process and I urge you to consider this at some point.

[STofSHK]

I am In Florida. Got married in Miami.

[justbroke]

Florida is not a community property State. I would still, with all due haste, seek to anul or otherwise dissolve that marriage. You should get on with your life, which I believe you have.

[STofSHK]

Thank you Jb. I will get on that. Your are not going to believe it, I totally blocked it from my mind. Thank you so much for your invaluable info. God Bless You!!!!!!!!!!!!!!!!!

[justbroke]

Your are not going to believe it, I totally blocked it from my mind.

I believe it. There are some people I'd like to totally block from my mind. God be with you!