Property transfered to non-filing spouse as sole and separate
Posted: Fri Mar 22, 2019 12:45 pm
yes, there is also a presumption that title is held as the title says it
is. Pat Green, whose firm is also a family law firm, actually explained
the issues he could from the fact pattern in a previous email in this email
chain.
On Fri, Mar 22, 2019 at 8:54 AM Shannon Doyle
sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
> Yes that is the question. Is it separate property if deed to husband as
> his separate property during marriage? Does the transfer and title
> overcome the presumption of community property? Is was deeded from a third
> party trust so I am still looking into whether it may be an inheritance
> which would be separate property.
>
>
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
> *From:* cdcbaa@yahoogroups.com [mailto:cdcbaa@yahoogroups.com]
> *Sent:* Thursday, March 21, 2019 5:16 PM
> *To:* cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] RE: Property transfered to non-filing spouse as
> sole and separate
>
>
>
>
>
> The way the hypothetical is worded seems to suggest that the question is
> whether the property is separate or community property. If separate and
> she files alone, there doesn't seem to be any reason the Trustee can reach
> that property and vice versa.
>
>
>
> On Thu, Mar 21, 2019 at 2:40 PM Shannon Doyle
> sdoyle@ebankruptcyassistants.com [cdcbaa] wrote:
>
>
>
> Anyone?
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
> *From:* Shannon Doyle
> *Sent:* Friday, March 15, 2019 4:33 PM
> *To:* 'cdcbaa@yahoogroups.com'
> *Subject:* Property transfered to non-filing spouse as sole and separate
>
>
>
> Wife needs to file Ch7. Real property was transferred from a third party
> trust to husband as his sole and separate property in 2015. Wife
> simultaneously executed a deed quitclaiming to husband as his sole and
> separate property. The house is paid in full and has significant non-exempt
> equity. If the wife files chapter 7, is the house safe or subject to the
> trustee?
>
>
>
>
>
>
>
> [image: Description: Description: Description: shannon-headshot6]
>
> Shannon A. Doyle
>
> *Attorney | Virtual Bankruptcy Assistant*
>
> *Direct Line: 855-378-4080*
>
> *Direct Fax: 562-249-8435*
>
> *Licensed in California*
>
>
>
>
>
>
> --
>
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> Giovanni Orantes, Esq.*
>
> Orantes Law Firm, P.C.
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WE DO NOT ACCEPT SERVICE BY EMAIL UNLESS WE HAVE AGREED TO ACCEPT IT IN
WRITING.
Giovanni Orantes, Esq.*
Orantes Law Firm, P.C.
3435 Wilshire Blvd. Suite 2920
Los Angeles, CA 90010
Tel: (213) 389-4362
Fax: (877) 789-5776
e-mail: go@gobklaw.com
website: www.gobklaw.com
**Certified Bankruptcy Specialist, State Bar of California, Board of Legal
Specialization*
*Board Certified - Business Bankruptcy Law - American Board of Certification
*Board Certified - Consumer Bankruptcy Law - American Board of Certification
Commercial Litigation
Estate Planning
Outside General Counsel
WE ARE A "DEBT RELIEF AGENCY" AS DEFINED BY FEDERAL LAW.
SERVING BAKERSFIELD, LOS ANGELES, ORANGE COUNTY, RIVERSIDE, SAN BERNARDINO
AND SANTA BARBARA AND THE WORLD FOR CHAPTER 11 AND 15 CASES.
Note: The information in this e-mail message is not intended to be legal
advice and should not be relied upon as legal advice unless counsel
expressly contracted in writing to provide such advice. Furthermore, the
information contained in this e-mail message is confidential information
intended only for the use of the individual or entity named. If the reader
of this message is not the intended recipient or an agent responsible for
delivering it to the intended recipient, you are hereby notified that any
dissemination, distribution or copy of this communication is strictly
prohibited. If you have received this communication in error, please
immediately notify us by telephone or e-mail and delete the original e-mail
yes, there is also a presumption that title is held as the title says it is. Pat Green, whose firm is also a family law firm, actually explained the issues he could from the fact pattern in a previous email in this email chain. On Fri, Mar 22, 2019 at 8:54 AM Shannon Doyle sdoyle@ebankruptcyassistants.com [cdcbaa] <cdcbaa@yahoogroups.com> wrote:
The post was migrated from Yahoo.