One pension paying mortgage until filed, will move out of house after bankrupty completed. Will he have right to take all pension or am I entitled to some on one pension still married to him?
This not really a bankruptcy question - you need the assistance of a divorce attorney. Bankruptcy does not really adjust your rights you may have in his pension.
William Devine, II
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3 lawyers agree
Family Law Attorney
Nevada is a community property state. This means that everything acquired during the marriage, with very few exceptions (i.e. inheritence kept separate, peronal injury settlement kept separate) is presumed community property -- assets and debts -- and subject to EQUAL division. If you are able to dispose of your debts in the bankruptcy, all that will be left is dividing, equally, the assets and determining whether or not spousal support is appropriate. You need to consult with a divorce attorney in your geographic area, NOW, to ensure you are protecting your claims and understand the process.
Responses are for general information purposes only, and are based on the extremely limited facts given. A consultation with an attorney experienced in the area of law(s) indicated in the question is highly recommended. Information and advice given here should not be relied upon for any final action or decision, as the information is limited by its nature to the question asked and the fact(s) presented in that question. THIS RESPONSE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP, particularly considering that the names of the parties are unknown.
Chapter 7 Bankruptcy Attorney
Your right to receive a portion of a spouse's pension will be determined by the divorce court. If you file bankruptcy, you must be sure to schedule this asset in your petition and claim an exemption to protect your interest. Hope this perspective helps!