• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

confused about community prop laws

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.


Junior Member
What is the name of your state?ca
I am going to file ch 7 without my spouse. We filed for divorce in 8/03 but have reconcilled. From what I have read, after the date of separation, all debt belongs to the individual. The case status is still active since the divorce atty. never filed for a dismissal and my husband still has his wages garnished for spousal support which we haven't stopped since it doesn't change our finances. How is this going to affect the bk since the court see's us as in the process of divorcing. Should we get the divorce dismissed first or file now. If I file now, do I include his income, assets ect? Most of the debt was incurred after we separated. What would happen afterwards when we dismiss our divorce as far as spousal protection and his liability. We also are planning filing our taxes as married filing jointly and we still have separate bank accounts and credit cards except for a car loan that is joint which has about 3700 in equity. Also, he has a truck that he got before marriage but was still paying when we got married. Is a portion considered community propery?

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential