Question - Moving from a Community Propery State to a Non-Community Property State

[sbgbxxxi]

My questions are as follows, I live in Wisconsin and it's a community property state. My wife and I are in the process of moving to the Carolinas (Both non-community states). I lost my job in Sept and was on Severance until May15. Can I file Chap 7 in the Carolinas (seperately) once I take residency there or does it have to be in Wisconsin? THe other question is, I have a house that has about 8-15 grand in equity that I'm the only one on the title, so do I sell it after discharge (keeping up the payments) or let it go? Thanks in advance!

[justbroke]

Can I file Chap 7 in the Carolinas (seperately) once I take residency there or does it have to be in Wisconsin?

You will need to reside in the State of North or South Carolina for at least 90 days before filing.

THe other question is, I have a house that has about 8-15 grand in equity that I'm the only one on the title, so do I sell it after discharge (keeping up the payments) or let it go? Thanks in advance!

Great question! The problem will be, whether you can use Wisconsin's exemptions. While you will be required to use your prior State's exemptions (Wisconsin) or the federal exemptions, whether you can use Wisconsin's is based on the Wisconsin laws. In any event I'll just say that you are actually able to exempt the property.

As to how much you'll get from the sale of the home, is something I can't speculate on. Too many factors... too many homes on the market... so far from where I am.