1. so if my mom doesn't file bankruptcy again, she has no money to pay his bills, they will take the house?
A: California has something called a "homestead exemption." Code Civ. Proc. 704.710; 704.730. It has three tiers: $75,000; $100,000; and $150,000. Depending upon your mother's circumstances, if the equity (fair market value of the home minus total of all loans) is less than or equal to the applicable tier, then the home is absolutely protected, and cannot be sold, whether in or out of bankruptcy. If the equity exceeds the applicable tier amount, then the home can be sold, but the tier amount must be paid to your parents, before any sale proceeds are paid to a creditor.
So, the answer depends heavily on all of the facts and circumstances at the time of proposed sale of the home.
2.My Dad leaves, dose my mom file bankruptcy on her own?
A: If your father refuses to file bankruptcy jointly, then he will be separately stuck with the debts. However, any community property would remain subject to creditor seizure. So, failure to file a joint bankruptcy, or, alternatively, divorcing and separating any community property before filing bankruptcy, would leave any asset, such as the house, potentially exposed to a creditor attack. BotXXXXX XXXXXne: divorcing first and filing bankruptcy afterwards, or filing joint bankruptcy appears to provide the greatest protection.
Note: community property in bankruptcy is a very complex issue. There's no easy way to analyze the outcome, without having all of the financial information available for review. You mom may want to contact a local bankruptcy lawyer before making any decision, so that the entire picture can be considered.
Hope this helps.
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