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Ex is filing for bankrtupcy. Can they go after my business?

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    Ex is filing for bankrtupcy. Can they go after my business?

    I live in a community property state.

    I bought a business 3 years before my marriage. Can the creditors go after my business, even though it was bought before the marriage???

    #2
    I am confused, is she your ex or your wife? Regardless, if her name is not on the business than they can't touch it. If you are still married, they can look at your monetary contribution to the household, but still can't touch the business
    Disclaimer: I am not an actor on TV, but I play a BK Paralegal in real life. Nothing I say should be construed as legal advice, or really anything but entertainment. Please seek out professional help.

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      #3
      Originally posted by BKParalegal View Post
      I am confused, is she your ex or your wife? Regardless, if her name is not on the business than they can't touch it. If you are still married, they can look at your monetary contribution to the household, but still can't touch the business
      In a community property state it doesn't matter if her name is on the business or not.

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        #4
        There shouldn't be a problem. We live in a community property state as well and my husband's attorney said that they cannot come after the spouse that did not acquire the debt. You had the business before you married, it is your asset not hers. Even if debt was acquired during the marriage, only the person that obtained the debt is responsible for it. Once the debtor files bk the debt is wiped off for good, they cannot come after the spouse.

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