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Is a spouse's separate property subject to husband's chapter 7 bankruptcy filing in NV?
Las Vegas, NV
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Posted about 1 year ago in Bankruptcy / Debt
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Spouse filing bankruptcy:
My husband is thinking of filing Chapter 7 bankruptcy. He currently has about $30,000 in credit card debt. I am not filing with him and my name is not shared on anything at all. I have a savings account with the remainder of the money that I pulled out of my retirement fund when I quit working. I use this money to pay bills since I am not working. I chose to quite work and pull my retirement and live off it for as long as possible, after having a baby, rather than paying the high cost of daycare.
Can my savings be taken to repay if my husband files Chapter 7? If I put the money into a CD, can they take that? What can I do to protect my savings? - Is this your question? Add additional information Answers (3)David Leibowitz
This attorney is licensed in Illinois and 1 other state.
Posted about 1 year ago.
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Nevada is a community property state. Your community property will be subject to your husband's creditors claims to the extent that they are community claims. However, your savings appears to be non-community property. Laws vary considerably from state to state, so you would do best to consult with a local attorney since property rights and exemptions are determined by local law provided you have lived in Nevada more than 720 days.
Margery Ellen Golant
This attorney is licensed in Florida and 1 other state.
Posted 11 months ago.
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So long as tne non-filing spouse can prove that the items belong to that spouse and not to the other, and are not community property or otherwise an asset of the filing spouse, they are not an asset of the bankruptcy estate, and therefore not subject to claims by the bankruptcy trustee or by the creditors of the filing spouse.
To be sure, you should consult a local bankrutpcy attorney. Please note that I do not practice in your state, and the above is not intended as legal advice. William
Posted 9 months ago.
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As one of the previous responses stated, Nevada is a community property state. Because wages earned in Nevada are community property, your retirement, and thus your savings account, could be community property and partially your husband's property subject to his debts. If, for example, your retirement is based solely on the time you were married and worked in Nevada, then half of it would probably be deemed community property, so pulling it out of retirement to put in savings wouldn't change that. But if you worked 20 years before you were married, and 5 years while you were married then the amount your retirement increased from when you were married would be community property and 50% of that increase could be deemed community property and subject to your husband's debts. Also, generally it does not matter what form your money is in. i.e. converting it from a savings account to a CD doesn't take it out of being community property if it was community property before you converted it. Just like converting it from retirement to savings doesn't make it any more or less community property.
I guess the short answer is always 'it depends'. It depends on how many years you earned retirement while living/working in Nevada while you were married, and how much the retirement increased from the day you were married while working in Nevada. I am an attorney in Nevada, but I do not handle family law matters nor bankruptcy. Further, nothing I say on Avvo or anywhere else, absent a retainer agreement, creates any attorney-client relationship. Please consult a bankruptcy attorney as to how to protect your savings as I do not provide legal advice regarding these matters.
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