After carefully researching our options I am thinking that rather than my wife and I to file bankruptcy jointly, it might be better for me to file by myself. New Jersey is not a community property state, we have no joint credit cards (just bank accounts), and her vehicle is titled in her name. The house has both of our names on the deed, but we have no equity in it. In terms of titles and deeds I own two vehicles and half of the house, so how does the trustee determine who owns everything else? Not that we have anything of great worth-I'm merely concerned about my wife's engagement and wedding rings which I purchased using one of my credit cards (her name is nowhere on the account and it's not a store card)-are those rings considered mine because they were bought in my name or did they become legally hers when I gave them to her?
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Let's downshift for one second...
Are you filing Ch. 7 or Ch. 13?
Good luck.No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you. -
They rings are hers. You gifted them to her.There are two secrets for success in life:
1.) Never tell everything you know.Comment
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Generally speaking in our State, FL all that you owned before marriage belongs to each separately, what you accumulate after your marriage is jointly owned. If you file separately I guess you will have to separate things to divide interests in them. It's going to be interesting in how to do this. Don't you have enough wild card to keep the rings? Understand like a car, jewelry loses it's value drastically as used. The mark up verses value is far different. 'HubIf I knew it all, would I be here?? Hang in there = Retained attorney 8-06, Filed 12-28-07, Discharge 8-13-08, Finally CLOSED 11-3-09, 3-31-10 AP Dismissed, Informed by incompetent lawyer of CLOSED status, October 14, 2010.Comment
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Do bear one thing in mind: if you ever decide to walk away from the house, the bank will be able to come after your spouse for any deficiency incurred.
That's presuming you don't re-affirm the mortgage in your Ch. 7 filing, which I never would, especially not on a house with no equity.
Good luck.No person in their right mind files a Ch. 13 with lien strip pro se. I have.Therefore, please consider me insane and clinically certifiable when reading my posts, and DO NOT take them as legal advice of any kind.Thank you.Comment
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Shark is very correct. Why don't you want her to file?filed chapter 13..confirmed...converted to chapter 7...DISCHARGED!Comment
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