His BANRUPTCY NOT MINE! (I did not file) I pay the bills but he still wants assets

[TeresaT100]

California:
I am so frustrated, and tired of attorney's giving me conflicting
useless information.
My ex filed bankruptcy (which he lied about assets, 15,000 worth, and
the disposal of assets thereof as well) I did not file bankruptcy. He
ultimately did so to try to force me to lose or sell the house I owned
prior to being married to him. (Which was quit claimed 1/2 interest to
him in 84) This didn't work, he ended up interspousal transferring an
upside down mortgaged house over to me. I have not filed bankruptcy but
have to assume approx. $15,000 in the debts that were ours jointly. My
ex sold approx. $5,000 worth of assets without my permission. We only
have approx. $11,000. worth of assets free and clear left (of which my
father is a third party-owner on approx. $8,000.worth)
The problem I have conflicting information on is this:
Doesn't the Debt of the community property come into play as well as the
assets? It seems that if one party skates on obligations to pay debts by
B.K. but expects the assets too, while the other party pays, puts a
unfair disadvantage to one party.
Please clarify and cite a family code if you could, I am very concerned
by this and can't get clear answers

 

[lawrat]

The reason you are getting conflicting information is because WE DON'T KNOW THE WHOLE STORY. Yes, community property comes up. Yes 50-50 is the key. BUT WHEN WERE THE ASSETS GAINED? HOW ABOUT THE DEBTS? GIFTS MADE OF ANYTHING? TRANSMUTATION? ETC ETC ETC



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[TeresaT100]

My concern is not the assets, it is the fact that the balance of the liabilities of the community estate is not being considered. There are assets in the community estate but as well there are liabilities. Do these liabilities not get considered because one party of the community estate filed B.K.? The debts did not go away, just one party's responsibility to pay. He filed for relief from Creditors, I did not see anywhere in his B.K. that it states that he is relieved from liability to the community estate. If I am paying these liabilities, it seems logical that he should not receive credit for this.

The house falls under Family Code 2640 which states my right to reinbusement for my contribution upon our marriage (After Jan. 84) Due to the condtion of the house this amount and the current mortgage, leaves the home in an upside down state. that is the reason it was turned over to me.

The property my father is a third party on is of his own in AZ. My ex and I paid nothing for it. My father deeded us as a survivorship tenancy to avoid probation costs or problems, but ex wants a share now, my father is not deceased. Hopefully this clears it up