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if i file for BK ... does my spouse have to file, as well?

We have no mutual investments....
if i file for BK ... does my spouse have to file, as well? We have no mutual investments.
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Answered in 1 minute by:
10/5/2012
cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified

cfortunato :

Hi - my name is XXXXX XXXXX I'm a Bankruptcy attorney here to assist you.

cfortunato :

Do you have any debts that were incurred while you were married?

Customer:

yes prior to and current

cfortunato :

That could present a problem if you file on your own (which you can do), as California is a community property state.

cfortunato :

This means that, in general, both spouses are liable for all debts incurred during the marriage, even if the debts are in one name only.

Customer:

she is nopt listed on the summons, nor on the account. I bought the vehicle when I was single.

cfortunato :

Your wife cannot be held liable for any debt you incurred while you were single - only for debts you incurred while you were married.

cfortunato :

If your main concern is the money owed for the vehicle, you can file on your own.

cfortunato :

And not have to worry about the creditor trying to collect the debt from your wife.

Customer:

great .. thats good info. I had a business that went belly up several years ago. Lost the BMW 2 years ago and they have hounded me ever since. Looks like I got a 2 year repreive for the inevitable.

cfortunato :

Since you bought the vehicle before you were married.

Customer:

fantastic

cfortunato :

Great! Is there anything else I can help you with?

Customer:

thank you ... this was helpful.

cfortunato :

You're welcome!


Please don't forget to provide a rating for my help.


Thank you!

cfortunato
cfortunato, Attorney
Category: Bankruptcy Law
Satisfied Customers: 8,023
Experience: Bankruptcy professor.
Verified
cfortunato and 87 other Bankruptcy Law Specialists are ready to help you
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cfortunato
cfortunato
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Category: Bankruptcy Law
Satisfied Customers: 8,023
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