I would like to file for bankruptcy. I work, my husband doesn't. We own a house, tittle is under his name only; debt too. House was bought within our marriage. I don't have any property under my name. I'm I able to file without losing our house? My accounts are delinquent, while his accounts are in good status.
I'm going to break your question down to two elements, one of which is easily answered. Yes you can file a bankruptcy without your husband having to file.
The second half of your question is far more complicated, involving California community property law, which requires far more information than this forum is set up to handle. Depending on whether the property is all/mostly/not community property and what the community property interest is worth would determine if the property is at risk in a bankruptcy. Most experienced bankruptcy attorneys offer a free initial consultation and they can provide an opinion after they get the facts they need.
This response is not intended as legal advice. You may need to consult your own attorney to obtain a more specific answer.
There are too many important factors at play here for any good lawyer to give you an opinion at this very early stage. Just for example, a lawyer needs to know your ages, your income, the property value, the mortgage balance, and why the property title is only held in your spouse's name.
Most BK lawyers will give you a free consultation so you can find out if it's going to be good for you. I suggest that you not hesitate to consult several or more lawyers. You will find there are big differences between lawyers in what they know, what they charge, and their level of friendliness.
I agree with other Counsel here, contact a local bankruptcy attorney to discuss. There will be a number of questions asked and they can help you figure it out. Do not attempt this on your own, too much is at stake when there is real estate property involved. A local attorney with positive reviews would be a good try.
You should not rely on answers to questions as legal advice. Answering general questions online does not create an attorney/client relationship. To obtain legal advice call to schedule a consultation. Tokarska Law Center is a Federal Debt Relief Agency representing individuals and businesses in filing for bankrutpcy protection under the U.S. Bankrutpcy Code.
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