How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask socrateaser Your Own Question
socrateaser, Attorney
Category: Bankruptcy Law
Satisfied Customers: 38885
Experience:  Attorney and Real Estate Broker -- Retired (mostly)
Type Your Bankruptcy Law Question Here...
socrateaser is online now
A new question is answered every 9 seconds

Im married living in California and filing chapter 7 bankruptcy

Resolved Question:

I'm married living in California and filing chapter 7 bankruptcy alone, should I also list the credit cards that I jointly owned with my husband. We also have a car but I'm not on the title or loan, should I also include it. I don't own the car since I'm not on the title and loan, right?
Submitted: 8 years ago.
Category: Bankruptcy Law
Expert:  socrateaser replied 8 years ago.

Under the Federal Bankruptcy Code, you must list every asset in which you have a legal or "equitable"(i.e., "fair") interest.


Under Cal. Family Code Sec. 910, spouses are jointly liable for any debt incurred by either spouse during marriage. And under Fam. Code Sec. 750, and 770, any property not acquired before marriage, or during marriage by gift or inheritance, is community property.


So, it doesn't matter whether or not you are on title or the loan. What matters is whether or not it was acquired by your husband, either prior to marriage, or during marriage by some means other than gift or inheritance. If it's not acquired before marriage or a gift or an inheritance, then it's community property and you must list it.


Which probably will ruin your whole day, so I apologize in advance.


You may want to consider hiring a bankruptcy lawyer. See:



Hope this helps.


Terms and Conditions: By your continuing in this conversation with me, or by your clicking “Accept”, you are expressly agreeing to all of the following: (1) our communication is for entertainment purposes only; (2) you are not consulting me in my professional capacity as an attorney; (3) you do not seek to establish an attorney-client relationship with me, nor do I with you; (4) you will not rely on anything I say and you will obtain appropriate legal counsel via a traditional/office consultation with an attorney licensed to practice in the jurisdiction where your legal issue arises (and you may not use our communication to avoid taxpayer penalties imposed by the U.S. Dept. of Treasury); (5) by communicating with me in this public forum you are irrevocably waiving any right to privacy, confidentiality and attorney-client privilege concerning the matters discussed. You further separately declare that any payment made by you is not consideration for this contract, nor offered for any services rendered by me on your behalf, but rather is made in genuine admiration and respect for my desire to help others. If you do not agree with these terms and conditions, then you must advise me immediately.

Customer: replied 8 years ago.

Please tell me if I understand it right, the credit card debts that I owed jointly with my husband I should list. And the car should be listed both on the assets (since we acquired it during our marriage) and expenses since both of us are liable on the loan eventhough he's the only one on the loan.

Expert:  socrateaser replied 8 years ago.

What you are describing seems to me to be an accurate understanding of the application of California community property law as it applies to your assets and liabilities, as stated in your post.


In a real-world situtation, I would be looking at all of the contracts, the dates of acquisition, etc., and trying to determine whether I could find a good faith argument for treating property as your husband's separate property. Whereas here, I'm just guessing, based on what you've described.



socrateaser and other Bankruptcy Law Specialists are ready to help you