Legal Question in Family Law in Arkansas
on bankruptcy who gets what
Want a divorce and on chapter 13 together. Some of the debt was incurred by my spouse before the marriage am I responsible for that because my name is on the chapter 13 plan? I plan to leave the home which I pd the down pymt for(we were not married at this time) but is under my spouses name, can I get the money back and be totally debt free of the home? I can prove it was my money that pd for it. Also, was married when I bought my car(can prove again thatit was my money)also on the plan can my spouse take it from me? I just want to pay what i have to pay. I only want a few select things from the home that we aquired together besides my personal things like the computer. I use it for my personal studies and for a degreecourse I'm taking. Spouse only uses comp to listen to music and download music. I use it more can i keep it? I pd for it with my income tax. which by the way my spouse has not filed in 2 yrs. Also, have 1 child from this marriage and plan to move to another city can I still have joint custody? I want the child to be able to be with both of us. my spouse is a good parent and would take care of the child but i'd like to not pay child support due to me not having a job at this time. Please help. need it despartely.
2 Answers from Attorneys
Re: on bankruptcy who gets what
If your are NOT represented by an attorney on any of your questions or issues specified, please call me as they are to many to resolve on this forum...
Re: on bankruptcy who gets what
Why in the world are you in a chapter 13? You sound to me like you need a ch7 unless there is a good reason to require 13.
You should not be doing a joint bankruptcy in this case. As to joint custody ... it is a bad idea.
You need an Atty in your area to review these matters. It should be someone who does both Bcy and family law.
Call if we may be of assistance.
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