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Can Trustee make claim against husband's separate property
The community may have an interest in the house based on In Re Marriage of Moore and In Re Marriage of Marsden. Also even though money is kept separate, all earnings during marriage are community.
Desiree Causey
Law Office of Desiree Causey
7755 Center Avenue, Suite 1100
Huntington Beach, CA 92647
714-372-2225
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> On Jun 12, 2019, at 5:27 PM, 'MARIA W. TAM' TAMMAILBOX@GMAIL.COM [cdcbaa] wrote:
>
> Client owes $26K debt prior to getting married. Client just got married 3 months ago. New husband has a $500K house, almost paid off (still owed only $60K). House belongs to new husband alone. Husband bought house 30 years ago and had been paying for the mortgages with his income. Currently, husband is paying for the mortgage per month with his income. Client was never on title and never paid any mortgage payments nor any real property taxes. Client does not work and does not have any joined bank accounts with new husband. I want to file CH 7 BK for client to get rid of the $26K debt (just 1 single creditor). Obviously, house is husband's separate property. If I file the case, will the trustee make any argument that because the husband is making monthly mortgage payment with his income (post marriage), therefore, trustee can make a claim against the house?
> Please advise.
>
>
>
The post was migrated from Yahoo.
Reply-To: "MARIA W. TAM"
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
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Client owes $26K debt prior to getting married. Client just got
married 3 months ago. New husband has a $500K house, almost paid off (still
owed only $60K). House belongs to new husband alone. Husband bought house
30 years ago and had been paying for the mortgages with his income.
Currently, husband is paying for the mortgage per month with his income.
Client was never on title and never paid any mortgage payments nor any real
property taxes. Client does not work and does not have any joined bank
accounts with new husband. I want to file CH 7 BK for client to get rid of
the $26K debt (just 1 single creditor). Obviously, house is husband's
separate property. If I file the case, will the trustee make any argument
that because the husband is making monthly mortgage payment with his income
(post marriage), therefore, trustee can make a claim against the house?
Please advise.
Client owes $26K debt prior to getting married. Client just got married 3 months ago. New husband has a $500K house, almost paid off (still owed only $60K). House belongs to new husband alone. Husband bought house 30 years ago and had been paying for the mortgages with his income. Currently, husband is paying for the mortgage per month with his income. Client was never on title and never paid any mortgage payments nor any real property taxes. Client does not work and does not have any joined bank accounts with new husband. I want to file CH 7 BK for client to get rid of the $26K debt (just 1 single creditor). Obviously, house is husband's separate property. If I file the case, will the trustee make any argument that because the husband is making monthly mortgage payment with his income (post marriage), therefore, trustee can make a claim against the house?Please advise.
The post was migrated from Yahoo.
X-Original-Return-Path: "MARIA W. TAM"
To: cdcbaa@yahoogroups.com
X-Yahoo-Newman-Id: groups-system
Client owes $26K debt prior to getting married. Client just got
married 3 months ago. New husband has a $500K house, almost paid off (still
owed only $60K). House belongs to new husband alone. Husband bought house
30 years ago and had been paying for the mortgages with his income.
Currently, husband is paying for the mortgage per month with his income.
Client was never on title and never paid any mortgage payments nor any real
property taxes. Client does not work and does not have any joined bank
accounts with new husband. I want to file CH 7 BK for client to get rid of
the $26K debt (just 1 single creditor). Obviously, house is husband's
separate property. If I file the case, will the trustee make any argument
that because the husband is making monthly mortgage payment with his income
(post marriage), therefore, trustee can make a claim against the house?
Please advise.
Client owes $26K debt prior to getting married. Client just got married 3 months ago. New husband has a $500K house, almost paid off (still owed only $60K). House belongs to new husband alone. Husband bought house 30 years ago and had been paying for the mortgages with his income. Currently, husband is paying for the mortgage per month with his income. Client was never on title and never paid any mortgage payments nor any real property taxes. Client does not work and does not have any joined bank accounts with new husband. I want to file CH 7 BK for client to get rid of the $26K debt (just 1 single creditor). Obviously, house is husband's separate property. If I file the case, will the trustee make any argument that because the husband is making monthly mortgage payment with his income (post marriage), therefore, trustee can make a claim against the house?Please advise.
The post was migrated from Yahoo.