Legal Question in Bankruptcy in Georgia

Is Georgia a community property state?

Is Georgia a community property state? If my wifes ex-husband filed Chapter 7 bankruptcy and he owed her for a car that was awarded to her in a divorce decree (he was supposed to make payments and didn't), does she have to file bankruptcy if her name was first on the loan to prevent them from suing her. If she no income, can they come after my credit and income?


Asked on 4/21/03, 9:30 am

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Is Georgia a community property state?

No.

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Answered on 4/21/03, 9:58 am
Cheryl Rivera Smith The Smith Law Firm

Re: Is Georgia a community property state?

I'm sorry,I didn't see the other questions following the initial inquiry as to whether GA is a community property state. To follow up, Bankruptcy is a Federal remedy and uniform across all the states. The ex's bankruptcy will not wipe out your wife's obligation to pay the loan, however, if that is her only debt, she would probably not qualify for bankruptcy either. Not paying the loan would result in the repossession of the car and would mess up her credit. Since you are not on the loan, it should not affect your credit. However, your wife may have a cause of action against her ex if he fails to continue the payments since this obligation was part of the settlement agreement of their divorce. I suggest you call an attorney to review the documents and ascertain if she has any recourse.

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Answered on 4/21/03, 10:52 am


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