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Community Property in Mexico?
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Whether it is quasi-community property or community property the trouble is
figuring out whether they are separated under California Law under Marriage
of of Norviel 102 Cal. App 4th 1152 (2002) and its progeny. I would take a
look at those cases. Our community property System as you know comes from
Mexico.
On the one hand she was away from 10 years but on the other hand she did go
back. I would treat this as any other date of separation case within
California.
Thanks
David
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On 3/11/09 17:42, "Hale Andrew Antico" wrote:
>
>
>
> Potential client has houses here going into foreclosure. She's surrendering
> them. This part is normal.
> She is married (in Mexico) to a man who lives and has lived in Mexico. He
> (non-debtor spouse) has in Mexico a plot of land on which he farms, his sole
> income. He's lived there for over 10 years, and she's lived here until just
> recently, when she returned to him. While she lived here, she filed taxes
> here all these years by herself.
>
> Question: is non-debtor spouse's assets and income part of the bankruptcy
> estate? If so, would the lengthy separation insulate them, or is husband in
> the picture?
>
> Hale
>
>
>
>
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Re: [cdcbaa] Community Property in Mexico?
Whether it is quasi-community property or community property the trouble is figuring out whether they are separated under California Law under Marriage of of Norviel 102 Cal. App 4th 1152 (2002) and its progeny. I would take a look at those cases. Our community property System as you know comes from Mexico.
On the one hand she was away from 10 years but on the other hand she did go back. I would treat this as any other date of separation case within California.
Thanks
David
This e-mail is from an Attorney and may contain information that is privileged and/or confidential, including, without limitation, attorney-client privileged communication(s) and/or confidential attorney work product. If you are not the intended recipient, any dissemination,
distribution or copying is strictly prohibited. If you believe that you have received this e-mail message in error, please e-mail the sender and delete all copies
On 3/11/09 17:42, "Hale Andrew Antico" <bk.lawyer@gmail.com> wrote:
Potential client has houses here going into foreclosure. She's surrendering them. This part is normal.
She is married (in Mexico) to a man who lives and has lived in Mexico. He (non-debtor spouse) has in Mexico a plot of land on which he farms, his sole income. He's lived there for over 10 years, and she's lived here until just recently, when she returned to him. While she lived here, she filed taxes here all these years by herself.
Question: is non-debtor spouse's assets and income part of the bankruptcy estate? If so, would the lengthy separation insulate them, or is husband in the picture?
Hale
The post was migrated from Yahoo.
Mexican law is also based upon community property concepts. California community property laws share the same roots.
Mark T. Jessee
Law Offices of Mark T. Jessee
"A Debt Relief Agency"
50 W. Hillcrest Drive, Suite 200
Thousand Oaks, CA 91360
(805) 497-5868
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On Wed Mar 11 16:50 , 'David A. Tilem' sent:
The post was migrated from Yahoo.
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Check out quasi-community property
David A. Tilem
Certified Bankruptcy Specialist*
Law Offices of David A. Tilem (a debt relief agency)
206 N. Jackson Street, #201, Glendale, CA 91206
Tel: 818-507-6000 Fax: 818-507-6800
* Bankruptcy specialist cert. by State Bar of CA Bd of Legal
Specialization.
Hale Andrew Antico
Sent: Wednesday, March 11, 2009 5:43 PM
To: cdcbaa@yahoogroups.com
Subject: [cdcbaa] Community Property in Mexico?
Potential client has houses here going into foreclosure. She's surrendering
them. This part is normal.
She is married (in Mexico) to a man who lives and has lived in Mexico. He
(non-debtor spouse) has in Mexico a plot of land on which he farms, his sole
income. He's lived there for over 10 years, and she's lived here until just
recently, when she returned to him. While she lived here, she filed taxes
here all these years by herself.
Question: is non-debtor spouse's assets and income part of the bankruptcy
estate? If so, would the lengthy separation insulate them, or is husband in
the picture?
Hale
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Message
Check out quasi-community
property
David A.
Tilem
Certified Bankruptcy
Specialist*
The post was migrated from Yahoo.
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Potential client has houses here going into foreclosure. She's surrendering
them. This part is normal.
She is married (in Mexico) to a man who lives and has lived in Mexico. He
(non-debtor spouse) has in Mexico a plot of land on which he farms, his sole
income. He's lived there for over 10 years, and she's lived here until just
recently, when she returned to him. While she lived here, she filed taxes
here all these years by herself.
Question: is non-debtor spouse's assets and income part of the bankruptcy
estate? If so, would the lengthy separation insulate them, or is husband in
the picture?
Hale
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Potential client has
houses here going into foreclosure. She's surrendering them. This
part is normal.
She is married (in
Mexico) to a man who lives and has lived in Mexico. He (non-debtor spouse)
has in Mexico a plot of land on which he farms, his sole income. He'slived there for over 10 years, and she's lived here until just recently, when
she returned to him. While she lived here, she filed taxes here all these
years by herself.
Question: is
non-debtor spouse's assets and income part of the bankruptcy estate? If
so, would the lengthy separation insulate them, or is husband in the
picture?
Hale
The post was migrated from Yahoo.