If my spouse discharges our community property debts in bankruptcy, how does that affect me?
The non-bankruptcy spouse cannot have the division of property adjusted to account for or offset the additional debt that he or she may have to pay. In addition, the non-bankruptcy spouse may not seek an increase to or an offset against support to accomplish this result. Also, the non-bankruptcy spouse may not revive a community property debt that was discharged in the bankrupt spouse’s bankruptcy case by means of a hold harmless provision in the divorce judgment. However, unless spousal support has been waived or was made non-modifiable, and provided the additional debt supports a finding of additional need, the non-bankrupt spouse can seek additional support. See Family Code Section 3592. If your family law case involves bankruptcy issues, it is recommended that you consult an attorney.
If you have questions regarding bankruptcy and family law, please contact our office to schedule a consultation. The Law Office of Family Law Specialist Richard E. Bawden also handles legal issues regarding adoption, annulment, collaborative divorce, divorce, domestic violence, litigation, legal separation, mediation, paternity, spousal support, step-parent adoptions, as well as pre-marital and post-marital agreements. Dial 909.792.0222 or email us at [email protected] You might also want to get more information at our website: www.richardbawdenlaw.com. The Law Office of Richard E. Bawden serves the Inland Empire including Riverside, San Bernardino, Rancho Cucamonga, Fontana, Redlands, Loma Linda, Mentone, Yucaipa, Beaumont, Banning and Hemet.