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    Wondering how home will be affected

    Hello,

    I'm considering bankruptcy and was wondering if anyone could tell me if my wifes house would be at risk. We are in Arizona and she owned the home long before we were married. We have always kept everything seperate and I just write her a check every month for my portion.

    I would be filing on my own as she filed one a couple years ago just before we were married and is not elligable.

    Thanks

    #2
    Last edited by optimistic1; 04-05-2009, 04:28 PM.

    Comment


      #3
      You would probably be ok there. I do not know the laws of your state, and you might hit on the postnotes on the bk 7 or 13 for info. Your best bet of course is counsel. That being said, it is not normal to be married and not mingle assets. Of course at my age, what is normal now may not be normal when I was a bit younger. Your wife, she owns the house in her OWN name? Is it free and clear? Are you filing jointly? Many things must be explained before anyone her could help you. UNDERSTAND, we are aids and no information give is legal. If you are filing on your own, and this is a community property state, you may have a problem. The fact that she owned it before marriage may be your cure. This is the best I can do with the info supplied. ‘Hub
      Last edited by AngelinaCatHub; 04-05-2009, 05:13 PM.
      If I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.

      Comment


        #4
        Understood that both of our incomes are considerd but thought that since the house was in her name and had never had my name put on it that it would be a pre marital asset.

        Basically right now my wife has $0 left over each month after essential bills and I'm in the red. I've used up my savings and just can't pay the credit cards anymore 40,000 in cc debt = 900 month in payments also have auto loan owe 12,000 truck is worth 15,000 her car we owe 14,000 and it's worth about the same

        Have an appt with attorney in a week.


        Thanks for the advice.


        V

        Comment


          #5
          True, it is pre-marital, so in that respect, you are probably in the clear, either way. Good luck to you.

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