Debt before marriage/separate property - help!

[needBKhelp29]

Hi everyone. I'm really glad I found this forum, since I'm having a lot of trouble getting some answers to my BK questions, even from BK attorneys.

In short, my problem is that I recently found out that a collections firm got an (illegal) default judgment against me, as well as a lien. I was never served and could prove it, but I'm not sure vacating the judgment is even in my best interest at this point. The judgment was for $32,000, and is accruing interest at 10% a year.

I'm considering filing for Chapter 7 bankruptcy in CA, but ran into some problems. This is the scenario: I got married in late 2007. My husband is on the title of some property owned by his family (technically, he has a one-sixth interest in the property). I am not on the title, and his name was put on the title (transferred from his mother) long before we were married. All of my CC debt was incurred before we were married. If I file for Chapter 7, could the lien still attach to his part of the property? Does the fact that we got married now mean that I have some kind of interest in his separate property? His father is trying to sell the property, and I would feel absolutely terrible there was a lien against it because of my debts that have nothing to do with his family.

Any advice would be greatly appreciated. Thanks so much.

[magyar123]

Since he acquired the property before you were married it will not be considered your assett.

[ready2puke]

Is that true? Ca. is a community property state. Whats his is mine and whats mine is mine...seriously tho..I'd check that one out

[needBKhelp29]

Thanks for the replies.

I'm so confused!

That's my problem - I've heard both and been told both by attorneys! I don't want to file for bankruptcy if the lien will just wind up attaching to property that's not even mine! Would the fact that the title was transferred to my husband from his mother constitute a "gift"? My husband never payed mortgage on that house. Since it's in his name only, he can do what he pleases with it - it won't necessarily benefit me, even though we are married. Like, if we got divorced, I would have no right to that property since it was his *separate property* gifted to him before we were married.

I'm mainly confused because it seems like, although CA is a community property state, it is not my property in any way. And the debt was *mine only* before we were married, so my debt is not his in any way.

[southernbelle]

This link my help you. Read this thread.

http://www.bkforum.com/showthread.php?t=26052

[needBKhelp29]

Thanks, southernbelle - I appreciate the link. The quote below from danaf stood out to me:

People say that the cc's can go after him however I've researched this and they cannot go after community property ever for the debts I'm discharging....this includes paychecks while we are married. The bk protects all community property. So that would mean they'd have to go after his sole & separate property before the sol.

So basically, that's saying that they can go after my husband's separate property from before we were married (that has nothing to do with me), but they CAN'T go after community property (that at least would have something to do with me)? That makes no sense at all! We don't have any community property (or any community debt - just my own debt from before marriage), so that doesn't matter - it's his separate property I'm concerned about.

But if the SOL runs out and they don't get a judgment lien against him, then is he off the hook for his separate property? When does the SOL start? Is it from when I stopped paying the card? If that's the case, then it won't be much longer.