Bankruptcy of husband of separate property, does it affect community property?

My husband has a house which was bought before we were married and we currently rent. It is about $100,000 under water. He wants to file bankruptcy.

We also have another house (primary residence) which we bought after we married.

Will his filing of bankruptcy affect this primary residence or even my separate property?
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Answers (1)

Lesley Abigail Hoenig

Lesley Abigail Hoenig

Contributor Level 7
I am not licensed in California, but all property owned either solely or jointly by your husband must be disclosed in his bankruptcy. It might effect your jointly owned house and other community property, but a local bankruptcy attorney can look at the situation and determine if there is a risk of property being liquidated or if the exemptions sufficiently protect the property.
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