Which states are community property states with respect to bankruptcy? 17 Answers as of July 30, 2011

Which states are community property states? Can a company such as american express place a lien on the house I live in if the deed Is in my wife's name and she pays the house note? Can they take her bank account for bills l owe? Thank you.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
I see you posted on a Georgia site. Georgia is not a community property state.
Answer Applies to: Georgia
Replied: 7/15/2011
Law Office of Harry L Styron
Law Office of Harry L Styron | Harry L Styron
California, Washington, Nevada, Arizona, Texas, New Mexico, Wisconsin, Idaho are the community property states. The rules about community liability vary from state to state. In California, whether or not your wife holds title, some part of the interest in the house will be considered to be community property unless she has a separate property source from which all payments, both downpayment and monthly payments, have been made. As for a credit card company placing a lien on the house, they first have to sue you and then they have to prove that there is equity of more than $75,000 if you are single and $100,000 if you are married.
Answer Applies to: California
Replied: 7/15/2011
Apple Law Firm PLLC
Apple Law Firm PLLC | David Goldman
Florida is not a community property state. Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
Answer Applies to: Florida
Replied: 7/15/2011
Financial Relief Law Center
Financial Relief Law Center | Mark Alonso
Community Property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. All property and debt acquired during marriage (with the exception of gifts, inheritances or property/debt acquired before marriage) are property/ debts of the community. Therefore, if your house was acquired during marriage, but is only in your wife's name, a creditor who has an action against you can pursue a judgment and place a lien against the house because it is community property, even though your name may not be on the note or title. A bank account in her name may also be fair game if it doesn't fall under the category of separate property.
Answer Applies to: California
Replied: 7/15/2011
The Schreiber Law Firm
The Schreiber Law Firm | Jeffrey D. Schreiber
The community property states are Washington, Idaho, California, Nevada, Arizona, New Mexico, Texas, Wisconsin and Louisiana. However each of these states have different provisions as to what debts and what property is subject to creditors of the other spouse, so knowing the community property states is not the end all answer. Generally, one half of the community property and all of the separate property of the debtor spouse is subject to execution by creditors. And, just though the house in in the wife's name, if community funds are used to pay the mortgage, taxes or improve the property, the other spouse may have an interest in the property as well and if community funds are placed in her bank account, one half of those funds are yours as one half of any income is community property of the other spouse who did not make the income from working.
Answer Applies to: California
Replied: 7/15/2011
    Bankruptcy Law office of Bill Rubendall
    Bankruptcy Law office of Bill Rubendall | William M. Rubendall
    California is a community property state. A judgment creditor cannot lien property not owned by the judgment debtor. This includes personal property and real property.
    Answer Applies to: California
    Replied: 7/15/2011
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    I do not have a complete list of all the commuinty property states handy. They would have to get a judgement against her to do these things, not likley that will happen.
    Answer Applies to: California
    Replied: 7/15/2011
    Law Offices of Joseph A. Mannis
    Law Offices of Joseph A. Mannis | Todd Mannis
    California is a CP state. Community property liable for debts incurred during the marriage, and house being in her name only doesnt matter if acquired during marriage. Same with bank accounts.
    Answer Applies to: California
    Replied: 7/15/2011
    Mercado & Hartung, PLLC
    Mercado & Hartung, PLLC | Christopher J. Mercado
    Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin are all community property states. All property and liabilities incurred during the marriage are considered community.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Ursula G. Barrios Law
    Ursula G. Barrios Law | Guillermo Machado
    California is Community Property State.
    Answer Applies to: California
    Replied: 7/15/2011
    Ray Fisher Law Offices
    Ray Fisher Law Offices | Ray Fisher
    Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Puerto Rico Can a company such as american express place a lien on the house I live in if the deed Is in my wife's name and she pays the house note? No. Can they take her bank account for bills l owe? That depends on whether the bank account is community or separate property. If separate property, no. If community property, they have to collect in order of preference from your sole management community property your joint management community property if after going through those then they can get to her sole management community property. So where her account falls in line of being garnished depends on what kind of community property it is.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Law Office of Maureen O' Malley
    Law Office of Maureen O' Malley | Maureen O'Malley
    I know that Virginia is not a community property state and her property can't be used to pay your bills. Spouses here are responsible for the other's "necessaries," however. If you file bankruptcy you won't have to worry about them any more.
    Answer Applies to: Virginia
    Replied: 7/15/2011
    Symmes Law Group, PLLC
    Symmes Law Group, PLLC | Richard James Symmes
    Washington is a community property state.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Dan Shay Law
    Dan Shay Law | Daniel Shay
    California is a community property state. Yes, theoretically they can reach all assets acquired during marriage community property. But in practice, it is pretty rare.
    Answer Applies to: California
    Replied: 7/15/2011
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