Spouse Question Chapt 13

[brandon]

I had my first meeting with my attorney and ill be paying my retainer next week. One questinon that i dont remember having answered.

I live in California, a community property state. All of the items I'm filing on I am only on. My wife is not on any of the credit lines. Once i file chapt 13, can my creditors come after my wife because its community property?

[magyar123]

Is your wife working?

[lrprn]

I live in California, a community property state. All of the items I'm filing on I am only on. My wife is not on any of the credit lines. Once i file chapt 13, can my creditors come after my wife because its community property?

What's matters in a community property state is *when* the debt happened. If the debt happened during your marriage while you were living in CA, then your wife will be held responsible to pay half this debt if you file. This is true whether your wife's name is on the debt agreements or not.

If the debt that is in your name alone all happened before you two were married and/or you weren't living in CA, then you'll probably be ok. Which is the case?

I strongly encourage you to speak to several other experienced CA bk lawyers before deciding on one. It won't do the two of you any good if you file alone only to find out that your wife will be held responsible to pay half the debt anyway. This should be the first topic of conversation when you speak to the current lawyer you are considering and the others too.