Summary Dissolution - Do we qualify with our renting situation?

[emreilly]

What is the name of your state (only U.S. law)? California

The only requirement I am not sure I meet for getting a summary dissolution is this one:

Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy)

The current situation is that my spouse and I have a month to month lease with an apartment, however I am no longer living there and have a 1 year lease with another apartment as well (with one other person on the lease). Do we meet the above requirement?

Thanks for any feedback!

 

[Zigner]

The problem is that you cannot have any "community obligations" in excess of $6,000. Your 1-year lease likely obligates you to pay more than $6,000 over the term of the lease. As such, your community obligations exceed the allowable amount. If the remaining term of the lease, combined with any other community obligations, does not exceed $6,000, then you should be fine.

It might be a good idea to pay for a little bit of time with an attorney. A couple of hundred bucks now could save you (plural) a lot down the road.

 

[emreilly]

What counts as community debt?

The problem is that you cannot have any "community obligations" in excess of $6,000.

Thanks for the advice, (I probably will spend some time/money on a lawyer in the long run). So then, I understand that anything acquired during the marriage counts as a community obligation regardless of whose name is or isn't on the paperwork, but what about debts or assets acquired before the marriage? For example, student loans, medical bills, or credit card debt?

Thanks so much in advance to everyone on the forums, this is the most useful place I've found to get answers to the specifics.

 

[LdiJ]

Thanks for the advice, (I probably will spend some time/money on a lawyer in the long run). So then, I understand that anything acquired during the marriage counts as a community obligation regardless of whose name is or isn't on the paperwork, but what about debts or assets acquired before the marriage? For example, student loans, medical bills, or credit card debt?

Thanks so much in advance to everyone on the forums, this is the most useful place I've found to get answers to the specifics.

Only debts or assets acquired during the marriage are community debts or assets. Anything that accrued before the marriage is separate.

 

[birdbrain53]

What is the name of your state (only U.S. law)? California

The only requirement I am not sure I meet for getting a summary dissolution is this one:

Do not rent any land or buildings (except for where you now live, as long as you do not have a 1-year lease or option to buy)

The current situation is that my spouse and I have a month to month lease with an apartment, however I am no longer living there and have a 1 year lease with another apartment as well (with one other person on the lease). Do we meet the above requirement?

Thanks for any feedback!

Let's see: You have moved out of the marital home (the month to month lease) so any financial obligation there has been terminated? You gave proper notice to the landlord, etc?
Your new lease is post-separation, so it does not count under this section of the dissolution paperwork since it is community property it is asking about.

I'd say process your paperwork.

 

[Zigner]

Let's see: You have moved out of the marital home (the month to month lease) so any financial obligation there has been terminated? You gave proper notice to the landlord, etc?
Your new lease is post-separation, so it does not count under this section of the dissolution paperwork since it is community property it is asking about.

I'd say process your paperwork.

That is purely conjecture and, likely, incorrect.

 

[ecmst12]

Usually, student loans are separate debt even if they are taken out during a marriage.

 

[Bali Hai]

Usually, student loans are separate debt even if they are taken out during a marriage.

My guess is that usually 50% of the student loans would be separate debt when left to the judges discretion.