Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
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If the property is jointly held in a community property state such as CA, even if only one spouse files bankruptcy, the mortgage company on the CA property can take the property unless you can convince the mortgage holder to allow you to reconfirm and get the loan in your name alone, which is solely up to the mortgage holder.
Personal bankruptcy can still take joint property in a community property state I am afraid. It is solely up to the creditor as to whether or not they will allow you to reaffirm the loan and keep the home or if they will allow you to get your separate loan and keep the property.
Thank you for your reply.
The problem then is that it would be something included in the Bankruptcy, because she owns an undivided interest in community property, so you have to account for that in the bankruptcy.