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- From: karl@ddsw1.mcs.com (Karl Denninger)
- Subject: Re: Bankruptcy and divorce in California
- Message-ID: <C08LMw.ItD@ddsw1.mcs.com>
- Date: Sat, 2 Jan 1993 17:23:19 GMT
- References: <1992Dec18.182011.26562@cello.hpl.hp.com> <1993Jan1.201325.16331@henson.cc.wwu.edu>
- Organization: MCSNet, Chicago, IL
- Lines: 38
-
- In article <1993Jan1.201325.16331@henson.cc.wwu.edu> n9020351@henson.cc.wwu.edu (James Douglas Del-Vecchio) writes:
- >renglish@cello.hpl.hp.com (Bob English) writes:
- >
- >>Suppose a couple were deeply and debt with a failing marriage, and after
- >>separation and filing for divorce, one of the members of the couple
- >>files for bankruptcy. Is the other member liable for the entire debt?
- >
- >>--bob--
- >>To the best of my knowledge, H & P are neither getting divorces nor
- >>declaring bankruptcy, so I can't see how they might care...
- >
- >Yes.
-
- This is state specific, and depends on when the debt was incurred.
-
- If it was incurred during the marriage then the answer is usually "yes".
-
- If it was incurred >before< the marriage then it would depend on whether the
- state is a community property state. If so, then "yes", as all property
- (including negative property ;-) becomes joint at the time of marriage.
-
- If not, then the debt incurred >before< the marriage would normally revert
- to the person who incurred it.
-
- Having this occur before the divorce is final muddies the water
- substantially in non-community property states. Consult an attorney.
-
- I ain't one.
-
- (PS: If you are about to marry someone who has a lot of debt, and you do
- not live in a community property state, DO NOT get added to those
- accounts as a signatory. This, in some cases, can protect you from
- getting "stuck" with the debts of your SO if the marriage breaks up).
-
- --
- Karl Denninger (karl@ddsw1.MCS.COM, <well-connected>!ddsw1!karl)
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