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Ellen, Attorney
Category: Bankruptcy Law
Satisfied Customers: 36714
Experience:  Bankruptcy Lawyer. Experienced.
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can a bankruptcy referee take my spouses house for debts that

Customer Question

can a bankruptcy referee take my spouses house for debts that i incurred prior to urmarriage? Have not used credit since before we married 5 months ago.
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  Ellen replied 7 years ago.

Thank you for your question. I am happy to assist you.

The house that your wife acquired prior to your marriage cannot be attached in your bankruptcy for debt that you incurred prior to your marriage.

If you would like additional details concerning my answer, please click REPLY and I will be happy to respond. Do not click relist as it will delay my response.
Customer: replied 7 years ago.

I am 80 years old. My bankruptcy atty. states that the referee can make her sell her home to pay off my debts, she has $300,000 equity (She has owned it for 15 years) We have seperate bank accounts (her two sons are on her account). She is 67 years old, nets $1571 a month from Soc. Sec and pays a $971 mortgage pymt and has other bills and insurance pmts. I have not used her credit cards nor have I used mine. Last time I used my cards was before we were married. She loaned me money serveral years ago when I fell on bad times. To repay the loan I pay, when I can, her $400.00 a month.

Those are the main factsand my atty. said we can file to due funds in and funds out.

Expert:  Ellen replied 7 years ago.

I disagree with the advice that you received. I suggest that you make an appointment with the different bankruptcy counsel. in addition, since your social security and pension are not attachable, you may want to investigate with the different counsel whether bankruptcy is your best option
Customer: replied 7 years ago.

I saw another atty. and he said thaat under the reules my wifes hous can be taken away because it has apprx. $200,000 net value. The funds would be used to satisfy my creitors


So it appears that inCalif. they can leave he without her home

Expert:  Ellen replied 7 years ago.
Sorry but I still disagree. the debts were incurred before the marriage -- they are separate debts. The house was purchased before the marriage and is a separate asset
Customer: replied 7 years ago.

My atty states wants me to sign a docuent that I uhderstand that if I go forward with the Chap 7, the trustee can orce my wife to sell to pay my debts. He also states that I can not back out once I file and am in front of the trustee and his judement is that the house will be sold

I like your credentials and thankyou for your uplifting answers. Your answer to his would be appreciated.



Expert:  Ellen replied 7 years ago.
let's start from the beginning Mel. why is it that you need to file bankruptcy? Do you have any assets? I would appreciate it if you would accept the work but I've done so far
Customer: replied 7 years ago.
Over the years I have used credit cards to sometimes suplement my income or when I had emergancy car repairs. Most of them were getting to the limit, but when the Congress passed the Credit Reform the credit the companies started to raise the interest rates up to 29%. I could proberly live to be 95, remember I'm 80, and I still would not pay them off.
Expert:  Ellen replied 7 years ago.
Hello Mel.

you may want to consider not filing bankruptcy. Simply stopped paying on your credit card as your social security and retirement funds cannot be attached