community debts

What is the name of your state? arizona

My wife and I married in 1999. She is a german citizen and did not receive her green card nor move to the U.S. until late in 2001.

Pre nuptially, I incurred $2,000 of credit card debt in new york
and then moved to Arizona , a community property state, in early 2001.

Prior to my wife's move to arizona, I incurred another $1,000

I defaulted on the debt filed chap 7 individually but my wife is being sued for the whole amount under community property laws.

Is my wife responsible for community debt even if her domicile was overseas?

Thanks for your help.

[JETX]

Yep. Cause the minute that the card was used and a payment made HERE, the debt obligation was affirmed.

is the whole debt carried forward into community property or only the amount I incurred while living in arizona

[I AM ALWAYS LIABLE]

Originally posted by SCHMINK3
is the whole debt carried forward into community property or only the amount I incurred while living in arizona

My response:

As a matter of pure property law, when spouses move from a Separate Property state to a Community Property state, like Arizona, the debt acquired in the Separate Property state, e.g., New York, retains its separate property character and does not "ipso facto" become community property liability simply because the spouses later become Arizona domiciliaries.

So, give opposing counsel a call, and let him know. If he refuses to amend the complaint, then tell him that your wife will Answer the Complaint, using the above argument as an Affirmative Defense, and thereafter move the court for partial Summary Judgment.

IAAL

[azgrandpa]

Ok, now the truth comes out, IAAL!

ipso facto
(ip-soh fact-toe)prep. Latin for "by the fact itself." An expression more popular with comedians imitating lawyers than with lawyers themselves. A simple example: "a blind person, ipso facto, is not entitled to a driver's license."

Hey, just having fun with you! HAGD.

[I AM ALWAYS LIABLE]

[quote]Originally posted by azgrandpa


Hey, just having fun with you! HAGD.

==================================

My response:

Ask me if I'm impressed.

IAAL