curious... community property and BK...

[elle20905]

I have been weeding through this forum multiple times a days to answer any questions that have come up in my mind through my research...

But I still have a question about community property and BK...

My husband and I have been separated since 05/08 (stresses of active duty military can take a toll on a marriage), and we filed for divorce in CA 03/09 - However in CA you have to wait 6 months for the decree to be finalized... That time was up in October, however we have not filed paperwork to finalize due to possible reconsiliation...

All of our debts and accounts have been separate the length of our marriage (3 years), however CA is a community property state. DH filed BK in 2004 just before we started dating, so he is not eligible to file again. As I said all of my debt is in my name only, and since we have been separated for over a year (filed paperwork 8 months ago), would he still be held liable for any debts discharged in my Chapter 7 BK?

I read somewhere, (not sure if it was here or in one of the many books I have read recently), that when a spouse files alone, the debt is {generally} discharged from both parties...?? Also, since we have been separated, and due to the military not even residing together since 01/07 would I have to inculde his income??

Also, I have been living with family in AZ for a few months now, after being laid off in June (causing my debt issues to snowball into where I am now - going from $4,000/mo to $0) and will be filing under CA laws from AZ... If DH and I decide to reconcile, will I have to wait until the entire process is finished to move back to CA??? Will it affect my case at all? I know I would need to stay around until at least my 341...

I just wanted to thank everyone here for posting such great questions and answers!! This forum has been a Godsend for me through this process!!!

[AngelinaCat]

Hi elle: welcome to the forum. I move your post into a thread of its own where it will be seen and responded to more readily.

Thank you and your DH for your service and sacrifices to and for our Country. I do hope that you will be able to work out your problems and reconcile. My very best wishes~~

[elle20905]

Thank you! I hope I can get the answers to my questions... The problems are pretty much gone (no more active duty... the time is fufilled and over with!) - Now its more a logistical thing... Finances included!

I forgot to mention - thouhg not sure if it matters- in our divorce paperwork we split our finances as we had no joint accounts... However like I said the decree was never finalized...

Hoping to file BY 12/15...