Help??'s about one spouse filing Ch7

[deadbrokeinnc]

[lrprn]

He state they are not but can still cause the my house to be taken because it is in both of our names.

The issue here is really a straightforward one. You need to be very clear on which debts you both will be held responsible to pay because you signed papers together that said you would both will be responsible for the debt.

If your wife did not co-sign for your student loans or other debts, then if you file alone this is a non-issue.

North Carolina is NOT a community property state, so that doesn't come into play here either.

My guess is that when you called, you spoke with a paralegal or an office person. They are in no position to give you legal advice - only the lawyer can do that. In this case this individual took very limited information and made incorrect assumptions. It's up to you to decide if this interaction makes you decide that this laywer isn't for you.

[TroubleinCalif]

The issue here is really a straightforward one. You need to be very clear on which debts you both will be held responsible to pay because you signed papers together that said you would both will be responsible for the debt.

If your wife did not co-sign for your student loans or other debts, then if you file alone this is a non-issue.

North Carolina is NOT a community property state, so that doesn't come into play here either.

My guess is that when you called, you spoke with a paralegal or an office person. They are in no position to give you legal advice - only the lawyer can do that. In this case this individual took very limited information and made incorrect assumptions. It's up to you to decide if this interaction makes you decide that this laywer isn't for you.

Sorry to butt in here but on the same note,

In my case, being a comunity property state (Cali) when i list all my creditor's i will also list her's because the debt was aquired during the marriage even though it only has her name on it right?

Thanks

[lrprn]

In my case, being a comunity property state (Cali) when i list all my creditor's i will also list her's because the debt was aquired during the marriage even though it only has her name on it right?

Since California IS a community property state, any debt that was created while you were married belongs to both of you regardless of whether anything was signed or not.

If you file alone in CA, then your creditors will simply turn to your wife for payment of any debts that were accrued during your marriage.

[TroubleinCalif]

Since California IS a community property state, any debt that was created while you were married belongs to both of you regardless of whether anything was signed or not.

If you file alone in CA, then your creditors will simply turn to your wife for payment of any debts that were accrued during your marriage.

Thanks..............

[FreshLikeADaisy]

Deadbroke, FWIW I think that person was Dead Wrong.

Lrprn explained about community property states; you're good on that note. Now, it is North Carolina law that if two spouses purchase real property (i.e. a house or land) both names must be recorded on the deed, even in the debt is only in one person's name. He might have been thinking of that, but in reality that has no bearing in your bk as far as you have described your circumstances. In addition, property held as tenancy by the entirety may be *completely* exempt against debts owed by only one spouse (In re Chandler, 148 B.R. 13 (E.D. N.C., 1992).

As you said, student loans are not dischargeable. As far as discharging other debt, they matter only in terms of being an expense in your schedules and thus being part of the court's decision to grant your Ch7 discharge. Beyond that, they're not a player, as you guessed.

Now, whether your house is "taken" or not (*sigh*; I think he could have found a nicer way to put that) depends NOT on your student loans, nor even on your joint debt: it depends pretty solely on how much equity you have in it, and how much of that equity you can exempt under NC law. I think the current NC homestead exemption is $18,500, so if you have less equity than that you're golden anyway. Also, $5000 of any *unused* homestead exemption can be used as a wildcard (applied to other property without restriction as to type) which was awesome for me, because I filed in FL with NC exemptions. So if your equity is less that $13,500, you have another $5000 to apply to any other property you want to exempt, and still keep your home.

That guy you talked with needed to just hang up and go back to his bong, as far as I'm concerned... Good luck!!!

[deadbrokeinnc]

I LOVE this forum. Thanks for the responding. I will not be using this attorney. I am a little upset that I provided so much info (ie debts/income, name, address) about my situation on the phone to him, but I have learned.

Thanks again!