QUESTION
Divorced 5/11. 2 homes. A (me) - B (ex) I have a renter in A and loans in good standing Ex files for bankruptcy What marital debts are discharable?
Asked on Apr 19th, 2012 on Bankruptcy - Virginia
More details to this question:
Home b loans in his name - unable to refinance or even ask questions now I am being pursued for the loan despite quit claim deed I have.
He agreed to a 800/month payment to me - never rec''d a dime
He also didn''t pay anything on our joint tax bill for 2010. I lost my refund of 600 to this bill and still owe almost 1000
He also did not pay a dime on the credit cards that were marital debt and assigned to him (I have kept them up)
My settlement spoke language about me being allowed to apply for spousal support if he declares bankruptcy.
I feel as if he is getting away Scott free hiding under the bankruptcy umbrella and due to his decisions - despite struggling to make ends meet - I am left holding the bag
Advice?
1 ANSWER
Bankruptcy Attorney serving Burbank, CA
Partner at
Law Office of Mark J. Markus
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The answer to your questions are going to depend in large part on the laws of the state where you were married and where the properties are located. If Virginia is a community property state, then you are liable for any of the debts incurred during the marriage. If not, then you shouldn't be. It really depends on state law.
You may want to consult with a bankruptcy attorney in your area to discuss more specifics of your situation. Perhaps a bankruptcy for yourself may be necessary.
Mark J. Markus, Attorney at Law
Handling exclusively bankruptcy law cases in California since 1991.
http://www.bklaw.com/
bankruptcy blog: http://www.bklaw.com/bankruptcy-blog/
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Answered on Apr 19th, 2012 at 11:45 PM