Legal Question in Bankruptcy in California

Housing Market Proublem

My husband bought a house a sole - owner of a house. Now the house he used as an investment has now been forclosed on. If we are married do I have to claim a bankruptcy with him or can he do this alone?


Asked on 9/17/08, 12:24 pm

1 Answer from Attorneys

Judith Deming Deming & Associates

Re: Housing Market Proublem

If there are debts for which you are jointly obligated, or which a creditor can claim was an obligation of the community, they can go after you alone if your husband files bankruptcy. To explain a bit further, if the house in issue, though in your husband's name alone, was purchased during the marriage, the lender can argue that the source of the purchase was community property funds and therefore the entire community (i.e., assets and income of both spouses)is obligated on the mortgage, and if there is a deficiency, the community is liable.

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Answered on 9/17/08, 2:36 pm


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