My husband has credit card creditors after him with one judgment lien filed on our property already. Can I file a partition or what types of legal vehicles can I use to protect my half interest in our property? how about if my spouse files chapter 7 or 13 bankruptcy with a partition on my behalf in place to protect my half interest? Will the courts only consider half of the equity in bankruptcy? and can he still use and apply for the homestead exemption on his half of the property? Thank you
You don't have a "half interest" in the property because this is a community property state. You should talk to a lawyer who is an expert on community property. They are typically divorce lawyers.
I would consider sitting in with your husband and his attorney to ensure that as much equity in the property is protected. If that does not work for you, then seek the assistance of your own bankruptcy attorney. You really need to have a good handle on all his debts and other liabilities. A chapter 13 differs greatly from a Chapter 7.
My colleagues are correct. Find/consult/hire a lawyer using the Avvo feature "Find a Lawyer". Make a list of 4-5 having many 5 star reviews from satisfied clients. If you don't get a prompt call back from one, go on to the next on your list. Some offer a free consultation by phone or in person.
If my answer is "BEST ANSWER" and/or "HELPFUL" please acknowledge and mark it so. I appreciate your comments and feedback. I have been practicing law since 1976 serving thousands of clients with successful legal experience with cases like yours. My response is often general in nature because all facts are unknown to me. Specific answers require knowledge of all the relevant facts of your case. Follow up questions are invited. You are not my client and I am not your attorney. This advice is given in the spirit of the AVVO platform and is based on general legal principles. You become a client when you enter into a formal retainer agreement with me.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline