Legal Question in Bankruptcy in California

Debtor Spouse filing bankruptcy

My wife, who has seperate credit card debt (cards are in her name, I do not use them) is filing for Bankruptcy. We have been married for 5 years. 3 months after getting married, I purchased a home with some money I had prior to getting married. When I bought the home (where we live) my wife signed a '' Interspousal Transfer Grant Deed'' giving up all rights and interest in the property. I continue to make mortgage payments on my house. I understand that California is a ''Community State'' so she gets half of my paycheck (she does not work). So if im paying my motgage with my half and she pays for food, clothing ect.(we have 3 children), with her half, can the bankruptcy court / creditors still come after me and any equity that I have in my ''married man,Sole and Seperate'' property?


Asked on 8/26/02, 2:23 pm

1 Answer from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Debtor Spouse filing bankruptcy

Well, probably not, but you'll need an analysis done by a family law attorney. If the mortgage payments have been made on the home from community property funds, then she (and hence her bankruptcy estate) may be entitled to some contribution from that. Usually, that doesn't amount to much, but you should check it out to be sure.

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Answered on 8/26/02, 2:35 pm


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