My wife bought a property before we met. After we married she became sick with Parkinson's Disease and I lost my job. We then moved in to the property for about one year before leaving the property when we could not get a loan adjustment. We were current on all fees when we filed for bankruptcy. The bank did not foreclose for over 4 years and a judgement was entered and granted against my wife for $12k. She is now on permanent disability getting $944 a month. The lawyer for the HOA has filed against all of my assets, levied shared bank accounts, and now has filed against me for all monies, accounts, real estate, etc. What is my liability and do I have any defense? We are just barely making it and are again in debt trying to cover all current living expenses and past medical bills.
In California one spouse is not liable for another spouse's debts. However community property is liable for both premarital debts and individual debts accrued during the marriage. A bankruptcy discharge ordinarily results in a discharge of the community property from previous creditor claims. It does not apply to post-petition claims.
If your wife obtained a bankruptcy discharge, then your community property should be safe. That means all of your accounts that were in existence on the date of filing the last bankruptcy.
However, if you continued to live on the property and accrued HOA fees after her discharge, then yes, they can try and levy on community property.
Did you file a Third Party Claim to stop the levies on your separate property? Did you dispute any garnishments? Without notifying the Sheriff that the property levied is yours, oftentimes its impossible to get the money back, even if you sue later on.
I suggest you contact a debt collection defense attorney in your area, as well as the bankruptcy attorney you hired before the bankruptcy and sort out what in fact is subject to levy and what is not.
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