Filing Separate for pre-marriage debts - Community income from Spouse

[Protected]

RE: Filing Separate for pre-marriage debts

If I file Chap 7, separate for debts before marriage, will my wife’s income be considered part of the bankruptcy estate? This is in California a community property state.

In other words, will my wife's current income be subject to being used to pay for debts that I racked up before our marriage?

Thank you.

[newbie2]

Yes, you still have to declare your wifes income on your petition. However, you are allowed to back out of her her personal expenses, so that only what she contributes to the household is part of the household income. For example: If your wife makes $1000 per month and she pays her own car payment and credit cards and those total $900 per month, then her contribution to the household would show as $100 per month.

Hope this makes sense. Good luck to you.

[tcreegan]

Hi Protected,

FYI, debts jointly held are "community" and even if one spouse files, the debts get discharged for the "community" so the non-filing spouse is not liable for the debt.

Good luck with your filing!

Tom in Colo