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cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8023
Experience:  Bankruptcy professor.
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If a husband and wife open a credit card account in a community

Customer Question

If a husband and wife open a credit card account in a community property state, and SUBSEQUENTLY move to a non-community property state, and one of them files bankruptcy in the non-community state and lists the debt in his/her bankruptcy schedules, is the debt still considered "community debt" or not?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  cfortunato replied 3 years ago.

cfortunato :

Hi - my name is Chris and I'm a Bankruptcy and Consumer Protection attorney here to assist you.

cfortunato :

There is no community debt in non-community property states.

cfortunato :

It does not matter that the debt was incurred in a community property state.

cfortunato :

If both spouses signed for the account, the debt is a 'joint' debt.

Customer :

Just to confirm: it does not matter that the credit card account was opened in a community property state. If the account holders move outside of the community property state to a non-community property state, the debt is no longer considered "community debt", and the non-filing spouse is still liable for the debt.

cfortunato :

That is correct.

Customer :

Thank you! I appreciate your help!

Customer :

I haven't been able to give you a rating because I'm getting a message that says you're not finished answering?

cfortunato :

You should be able to provide a rating now.

cfortunato :

Thank you!

cfortunato :

You should be able to provide a rating now.

cfortunato :

You're welcome!

6:24 PM

You should be able to provide a rating now.

6:24 PM

Thank you!

Expert:  cfortunato replied 3 years ago.
Sorry for the glitch.

You should be able to provide a rating now.
Thank you!
Expert:  cfortunato replied 3 years ago.
Sorry for the glitch.
You should be able to provide a rating now.
Thank you!