Arizona Wifes income

[dustjim]

[dustjim]

We also have seperate bank accounts

[JRScott]

I wouldn't overly worry.

I suppose the question I have first is what state do you live in? Is it a community property state?

[dustjim]

Live in Arizona

[optimistic1]

It wouldn't matter even if it was marital debt, because when one person files in a community property state, the other is equally discharged of the debt. Don't let anyone tell you any different, because they are wrong and have misinterpreted what the law actually states.

If it is pre-marital debt, then you should need not worry about a thing, just hope that she doesn't take you over the median income and you still pass the means test to qualify for a Chap. 7.

[whipster1]

It wouldn't matter even if it was marital debt, because when one person files in a community property state, the other is equally discharged of the debt. Don't let anyone tell you any different, because they are wrong and have misinterpreted what the law actually states.

If it is pre-marital debt, then you should need not worry about a thing, just hope that she doesn't take you over the median income and you still pass the means test to qualify for a Chap. 7.

That is not true in regard to community property states. In fact it is exactly opposite.

A debt incurred in the marriage is considered a community debt, and both parties are liable and a discharge of one party does not discharge the other.

http://family-law.freeadvice.com/divorce_law/community_property.htm

[optimistic1]

I love it when people think I am wrong about this topic, because I dwelled and dug for information on this topic for months.

whipster1, you are dead wrong, no offense, but stop confusing people, you are misinterpreting what it states, and what I stated above. That only counts if you get a divorce, not if you are still married.

check my references below, which include the IRS, and a reference in the NOLO Chapter 7 Bankruptcy Book, written by attorneys.

I have consulted with about 8 attorneys now on this very topic (including a board certified bankruptcy specialist with a major lawfirm), they have assured me that this is the law, and they (collectors or creditors) would lose. They also told me that most creditors and collection agencies would just treat the debt like a non-community property state and just file it in the discharged folder, its not worth their time.

Here are some links on this very topic for you to look at yourself.

http://www.irs.gov/irm/part25/ch13s04.html

Read all the way at the bottom under Discharge Provisions, hypothetical discharges.

http://www2.state.id.us/ISB/sec/bnk/BNKNewsletterMay08.pdf

Read pages 2 through 9.

http://www.krmbankruptcy.com/PracticeAreas/Bankruptcy-Divorce-Community-Property.asp

Read second paragraph

And last but not least
Please read page 250 in the NOLO Chapter 7 book, under, (Postbankruptcy Attempts to Collect Debts). (Third paragraph.)


By the way the NOLO guide is written by attorneys.

Granted, there are certain stipulations to whether or not a non-filing spouse can be discharged of the community debt, one of them being, that if he filed a Ch.7 within the last 8 years or not, you cannot get around that rule no matter what. The other is if you get divorced after the discharge. Which is why I have to do a 13, otherwise, I would just include my credit card with my wifes and just have her file. Because you see, in a community property state, you are seen as just one entity in the courts eyes, and if it was all incurred during the marriage, then it doesnt matter whose name is on the cards. One spouse can file and the community can reap the benefit of the discharge for all of the debts. Sounds crazy but it is an absolute fact.


I really hate arguing about this topic, but honestly, how can the attorneys that wrote the NOLO Ch.7 book, the IRS, the State of Idaho, a practicing firm in Wisconsin (community property state), and a board certified bankruptcy specialist here in Arizona (comm. property state) all be wrong at the same time about the same subject? The reality is, the people that are wrong about this topic, are these miscellaneous crap websites that have no idea what they are talking about.