Homestead Exemptions for Separated Married Couple

Yahoo Bot · Mon Nov 04, 2013 5:39 pm

Thats what I would throw against the wall.

Of course, not without seeing the jmt of legal separation with the division of property.
I would also like to know why they did not get divorced, i.e. religious reason, so I could attach a declaration to that effect and ride in on my 1st amendment horse along with the equities.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

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Yahoo Bot · Mon Nov 04, 2013 10:25 am

Thanks Pat.
So do you agree that if their legal separation resulted in a division of property such that each ex-spouse has 100% title to one of the two single family residences, then each ex-spouse should be able to claim a$75k homestead exemption intheirrespective SFR provided thateach ex-spouse occupies their respectiveSFRs on their petition dates?
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, November 1, 2013 5:09 PM, Patrick T. Green wrote:
Peter:
You are correct, but unlike divorce where there can be a bifurcated jmt and a later property division, the legal separation is just a division of the property and a judicial decree that after acquired property is not community property.
So if someone is legally separated, they have the decree and the property separation. I suppose it could be possible to get the decree before the division of the property, but it seems unlikely.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com
From:cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com] On Behalf Of Peter M. Lively
Sent: Friday, November 01, 2013 4:35 PM
To: cdcbaa@yahoogroups.com
Subject: Re: [cdcbaa] Homestead Exemptions for Separated Married Couple
My understanding of this issue is that the couple stops creating community property upon legal separation, but the community property created prior to legal separation (such as taking title to real property or establishing an equity interestin real property byusing community income to pay down the securedloans, etc.)isn't formally divided until judicial approval of their property separation agreement or entry of judgment after trial.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, November 1, 2013 4:09 PM, John D. Faucher wrote:
I know only a foolishly little bit of family law, and most of that comes nowadays from this new internet thingy. But I do think I learned someplace that legal separation is not quite the same as divorce: http://ww
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Yahoo Bot · Fri Nov 01, 2013 5:08 pm

Peter:
You are correct, but unlike divorce where there can be a bifurcated jmt and a later property division, the legal separation is just a division of the property and a judicial decree that after acquired property is not community property.
So if someone is legally separated, they have the decree and the property separation. I suppose it could be possible to get the decree before the division of the property, but it seems unlikely.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

Yahoo Bot · Fri Nov 01, 2013 4:57 pm

A legal separation ends the economic marital community. There is no more
community property. It is typically used by people that have a religious
objection to divorce, but want to go their separate ways.
Thus there is no marital community.
There certainly is a good argument that there should be two homesteads, but.
If you have any questions or concerns, please contact me.
Pat
Patrick T. Green
Attorney at Law
Fitzgerald & Green
1010 E. Union St. Ste. 206
Pasadena, CA 91106
Tel: 626-449-8433
Fax: 626-449-0565
pat@fitzgreenlaw.com

The post was migrated from Yahoo.

Yahoo Bot · Fri Nov 01, 2013 4:35 pm

My understanding of this issue is that the couple stops creating community property upon legal separation, but the community property created prior to legal separation (such as taking title to real property or establishing an equity interestin real property byusing community income to pay down the securedloans, etc.)isn't formally divided until judicial approval of their property separation agreement or entry of judgment after trial.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Friday, November 1, 2013 4:09 PM, John D. Faucher wrote:
I know only a foolishly little bit of family law, and most of that comes nowadays from this new internet thingy. But I do think I learned someplace that legal separation is not quite the same as divorce: http://ww
The post was migrated from Yahoo.

Yahoo Bot · Fri Nov 01, 2013 4:09 pm

I know only a foolishly little bit of family law, and most of that comes
nowadays from this new internet thingy. But I do think I learned someplace
that legal separation is not quite the same as divorce:

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Yahoo Bot · Fri Nov 01, 2013 2:41 pm

704.710(d) - "Spouse" does not include a married person following entry of a
judgment decreeing legal separation of the parties, unless such married
persons reside together in the same dwelling.
I read this as only upon final judgment of divorce, but of course I could be
wrong.
_____

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Yahoo Bot · Fri Nov 01, 2013 2:23 pm

Thanks, Larry. That contains discussion that seems on point:

Citing

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Yahoo Bot · Fri Nov 01, 2013 2:01 pm

Hale,
So long as there is a marital community (it has not been dissolved), I believe the community is only entitled to one set of exemptions. See In re Wilson, 175 BR 735

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Yahoo Bot · Fri Nov 01, 2013 1:50 pm

Chapter 7. Married couple is legally separated. They own a total of two
houses, each with equity.

Question: if two individual Chapter 7 cases are filed, and each spouse lives
at a home with equity, can each debtor claim the $100,000 homestead
exemption (or even the $75,000 exemption) and get past the Chapter 7 trustee
without liquidation issues?

Hale
Chapter
7. Married couple is legally separated. They own a total of two houses,
each with equity.

Question: if two
individual Chapter 7 cases are filed, and each spouse lives at a home withequity, can each debtor claim the $100,000 homestead exemption (or even the
$75,000 exemption) and get past the Chapter 7 trustee without liquidation
issues?

Hale

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