Legal Question in Bankruptcy in California
divorce and bankrupcy
our debt together is about45k.we just sold our home short sale,with a 100k loss.we are having a amlicable divorce,should we file bankrupcy before the divorce?weve been married 7 yrs.
1 Answer from Attorneys
Re: divorce and bankrupcy
Normally, it probably wouldn't matter. It's usually best if both spouses do the bankruptcy before the divorce. It saves on preparing two petitions and two court filing fees.
However, because you just short sold your home, before you do anything drastic, you should consult with a tax advisor. There might be tax implications arising from the short sale that should be considered, especially if the home appreciated greatly in value since you purchased it. In that case, you might wait to file bankruptcy until you can discharge the tax obligation, if any.