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09 Jul Separated But Not Divorced: Community Property Surprise
The modern view of marriage is a 50/50 partnership. The Bankruptcy Code turns that proposition on its head: all of a couple’s community property comes into the bankruptcy estate when one spouse files bankruptcy. There’s no: my half, your half. If it’s community property, it’s...03 Sep Bankruptcy Options For Debtors In Community Property States
When I meet with a married couple that are considering a Chapter 7 bankruptcy, one major consideration that needs to be addressed is whether or not to file for both, or only one of the spouses. I practice in Louisiana. Louisiana is a community property...
11 May Discharge of Spouse Protects Community Property
The usual rule in bankruptcy is that an individual’s discharge only relieves the debtor of liability for a debt. Anyone else liable on the debt with the debtor remains liable. The rule is markedly different in a community property state. As a recent decision in...16 Apr House in Joint Tenancy not Community Property
California couples have traditionally had two choices in how to take title to a home: community property or joint tenancy. Community property is the default unless the deed listing a husband and wife says otherwise. Joint tenancy provides that upon death the decedent’s half of...