Legal Question in Bankruptcy in California

Can I file for bankruptcy if my ex wife lives in the house

Asked on 9/13/13, 7:55 pm

4 Answers from Attorneys

Phillip D. Wheeler, Esq. Phillip D. Wheeler, Attorney At Law
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Yes, you may. As a COUPLE in California you may file for bankruptcy. As an individual, unless you have some tricky LLC, S-Corp, Corporations only in YOUR name and not comingled in any way with you wife, then the Bankruptcy will look at you as a couple.

You should talk to a very experienced lawyer (expensive=experienced) in your ZIP code on how you can protect ex wife while filing. See, courts are not "do-dim" stupid; they are going to want to know why the ex-wife is still LIVING with you.

Just my opinion based on the facts from California law. You have to admit, an ex-wife living with you raises some red-flags. Sorry, just my opinion and honest answer.

Yours Truly,

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9/13/13, 8:46 pm
Charles Andersen Charles Andersen, Atty
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I'm clue less. What does your wife living in your house have to do with your filing for bankruptcy?

Are you suggesting that her income has something to do with the means test?

http://www.superdebtbuster.com

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9/13/13, 9:52 pm
Peter Lago Peter L. Lago, Atty at Law
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Yes you can. If the x is still a member of your household (for whatever dumb reason), then it would seem that you should treat her as you would any other "member of your household" regardless of relationship. So if she is still in your "sole and separate" house as a "renter" then you include the rent in your income. If she shares the living space with you and contributes to the household from her income, then you include that contribution in your income. If she has no income and you are allowing her to live in your home so she won't be homeless, then her being there has no effect on your income, it is a household of 2 for means test purposes. You need to consider also your equity position in the home in order to determine whether that equity is protected or subject to seizure and sale by the trustee... so many factors to consider and you've only told us that she is your x still living in "the home." So.... as is often the advise, you MUST consult with an experienced bankruptcy lawyer... but I disagree with the expense equation in the prior answer.... experienced attorney does not necessarily mean "expensive." Shop around, or contact NACBA for a referral.

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9/14/13, 1:08 am
Peter Lago Peter L. Lago, Atty at Law
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Yes you can. If the x is still a member of your household (for whatever dumb reason), then it would seem that you should treat her as you would any other "member of your household" regardless of relationship. So if she is still in your "sole and separate" house as a "renter" then you include the rent in your income. If she shares the living space with you and contributes to the household from her income, then you include that contribution in your income. If she has no income and you are allowing her to live in your home so she won't be homeless, then her being there has no effect on your income, it is a household of 2 for means test purposes. You need to consider also your equity position in the home in order to determine whether that equity is protected or subject to seizure and sale by the trustee... so many factors to consider and you've only told us that she is your x still living in "the home." So.... as is often the advise, you MUST consult with an experienced bankruptcy lawyer... but I disagree with the expense equation in the prior answer.... experienced attorney does not necessarily mean "expensive." Shop around, or contact NACBA for a referral.

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9/14/13, 1:08 am

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