Legal Question in Bankruptcy in California

I'm considering bankruptcy; I'm married but would be filing individually (we do not have any joint accounts; bank and credit card accounts are all seperate individual accounts, spouse is not even listed as an authorized user, etc.) I need to know if property held in husband's name (he's part owner w/ siblings) that he was in possession of prior to our marriage (not our primary residence, we rent) and that my name is not reflected on in any way, nor have I contributed financially to any upkeep of the property (nor has my husband since prior to our marriage), do I need address that property as a potential asset or is it not relevant to my filing individually as my name is not anywhere associated with it?

Also what are they typical costs incurred with filing Ch. 7?


Asked on 2/26/10, 1:20 am

1 Answer from Attorneys
Asaph Abrams Law Office of Asaph Abrams

When filing separately from a spouse in California, you need to list all community assets and income. You need to make a determination whether particular property qualifies as separate property. Title itself is not determinative.

The chapter 7 court filing fee is currently $299; there are 2 required debtor education courses; I've seen the total price range between $54 to over $100. There is a wide range for attorney fees.

Standard disclaimer: the above statements are opinion with a general, rather than specific application provided for informational purposes only; they do not constitute legal advice, do not create an attorney-client relationship, and should not be relied upon as they do not anticipate all conflicts, contingencies and factors of which only an attorney of record would know. Congress keeps busy legislating and these statements may not reflect the current state of the law.

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Answered on 3/03/10, 9:40 am


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