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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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My husband and I are seperated and we have lived in seperate

Customer Question

My husband and I are seperated and we have lived in seperate households for about 3 years. We have not filed a legal sepration yet but we plan to move forward soon. We have decided to split everything down the middle except our debt. The home loan is in my husbands name but i am on the title. I still live in the home with our 2 kids. I have 2 vehicles. I am only responsible for 1 payment because my ex pays for and drives the other vehicle which is still in my name. Can i file bakruptcy without him and keep my vehicle and he keeps the other vehicle? Do I need to file a homestead exemption to keep my place of residence? Will my creditors go after him?
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 5 years ago.

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification.


In CA $75,000 is your homestead exemption, so any equity above this amount can be attached or taken away in a chapter 7 filing. You can keep your vehcile is their is limited equity in the car or if it is leased . The same can be state for the other vehicle, you could reaffirm the car if the car is leased or financed, if it is owned outright than you risk losing it, without a specific court order from the divorce court stating the vehicle is the property of the ex spouse.



Customer: replied 5 years ago.

Can I file without him?

Can my creditors go after him even though I will be discharged?

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