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In CA-Do I divide our assets in half?

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    In CA-Do I divide our assets in half?

    Hello,
    I plan on filing "pro se" chapter 7 as an individual in California even though I am married to discharge my individual credit card debts(hopefully).

    My questions is I plan on using System 2 Exemptions when I fill out Personal Property-do I divide our joint assets in half? For example, my husband has $25000 in an account in his name only that is for our property tax at the end of the year. Should I declare the whole $25000 or just $12500

    Thanks Again!
    Heather

    #2
    California is a community property state, anything your husband owns is part of the bankruptcy estate, unless he aquired said property prior to marriage.

    In other words, if he aquired any assett during the course of your marriage, it is counted at 100%, no exceptions. You are seen as one entity in the laws eyes. It doesnt matter who's name is on the card or bank account, etc.etc. It is property of the (community), meaning, both of you. Even if you are filing a petition without him.

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