Can we file separately

[hanjenden]

What is the name of your state?AK
How does moving from a community property state to a non community property state affect a non filing spouse? CC's are in one spouses name, but the debt was incurred in both the community property state and the non community property state over a period of five years.

 

[Ladynred]

Which community property state are you referring to ?
AK isn't one of 'em.

Community property laws only apply to that state, I don't believe 'community' liablity can be carried over to a non-CP state. The debts of the spouse that filed are discharged and in a non-CP state, the creditors could not force the non-filing spouse to pay.

 

[hanjenden]

We moved from TX. to AK in 2001, and lived in Ak. for nine months. We then moved to LA. for a year, and we moved back to AK. in Jan. because the company my husband works for gave him a permanent position in their Anchorage office. Sorry for the confusion.

 

[hanjenden]

AK

I'll clarify a little further. I got the credit cards when we lived in TX. A lot of the debt was incurred in LA. I didn't know if they would try to hold my non filing spouse accountable for the debt incurred while living in the community property state. I am the one who incurred most of the debt. Now that we are living in AK. again, I am unemployed. I want to get my certification to teach here, and with Alaska's high standards for education, that means two more years of school.

 

[Ladynred]

Assuming you're looking at student loans for school then, consideration for student loans is not credit-based or score-driven.

At any rate, as long as the 'community' exists - meaning you're still married, the non-filing spouse is protected by the BK anyway.

 

[hanjenden]

Thanks so much for your input, I really appreciate it. I am really wanting to go back to school, I just don't want my credit card debt that I cannot pay right now hanging over my head. College is stressful enough. I may not even have to rely on student loans. If I take a part time job with the school district, they will contribute to my tuition.

 

[Ladynred]

Yes, you likely do have a default judgment against you. The original creditor likely won't talk to you, you'll be referred back to the lawyer. The LA judgment is useless unless they domesticate the judgment to AK. Then and only then can they do anything to collect on it. You can try to negotiate, but don't be surprised if they refuse since they've already won in court.

If you were going to use that money to pay off creditors anyway, you could just turn it over to the Trustee. The remainder of the debts will be discharged anyway. You would, however, have to file papers in LA to get the judgment vacated, otherwise you'll never get it off your credit report.

 

[hanjenden]

LIR, thanks for all of the info you provide. I have an update on my situation. I called my debt negotiation company and raised hell. In one week, they managed to take care of all of my accounts, except the before mentioned Citibank account. I know my credit history is shot for a while but I still feel better having these things taken care of now. We were able to get all but one account listed as paid as agreed, and yes we have this in writing. However, this does not change my opinion of debt negotiators. They are not worth the time and money they cost you. The person I dealt with from Chase said it is always better for the debtor to negotiate on their own behalf because it is free. I still have the suit filed by Citibank to deal with. Wish me luck!

 

[Ladynred]

I agree with you, of course. I find it rather telling that when you raised hell they were able to get all that done in a week !!!!

 

[hanjenden]

Yes, my list of complaints against them, and a threat of taking them to arbitration, per their contract, worked wonders. Also, mentioning a possible call to the State's Attorney General seemed to help!