Here is the issue. In July 2012 I purchased a home when I was single. I did not marry until May 2013. My wife's mother ruined her credit by stealing her identity and it was so bad, rather than disputing everything it was easier for her to file bankruptcy. Long story short, the lawyer was rude and insulting to my wife and myself. The lawyer included ALL of my premarital property in the bankruptcy. The only thing my wife owns... is her clothes and bank accounts. Now, I FINALLY found assistance through Keep Your Home California but because of the way her bankruptcy was filed, my mortgage company thinks she is on the title and owns the home and WILL NOT talk to me. Now I am 4 months behind on my mortgage, and what is worse, I received a check from BoA (they charged off my account while deployed illegally against the SSCRA) and I can't even make a mortgage payment. Any assistance or advice on how to proceed against this guy would be appreciated. Really not my year.
Legal assistance...
- Thread starter danieldresen
- Start date
This might help you answer some questions, as California is a community property state. http://www.courts.ca.gov/1039.htm
You may need to get a lawyer who is willing to sort this out.
You may need to get a lawyer who is willing to sort this out.
That link states what I have been rehashing to the idiot lawyer. He seems to think separate property is to be included as community property and when I rehashed the laws that I read, and explained what JAG and legal sevices said, he called me a moron and said I was wrong. Heck, the mortgage company and Keep Your Home California said the only reason I still have residence is 1) I refused to sign the waiver of 703 exemptions... and 2) It is in BK by my mortgage company... Hmm...
So, I did some research on this, and according to www.nolo.com:
Bankruptcy. Even if only one spouse files for Chapter 7 bankruptcy in a community property state, all of the eligible community debts of both spouses will be discharged (wiped out).
http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html
So, sorry, but this does not appear to be good. And, you should verify the above information, as it could have unfortunate repercussions.
Bankruptcy. Even if only one spouse files for Chapter 7 bankruptcy in a community property state, all of the eligible community debts of both spouses will be discharged (wiped out).
http://www.nolo.com/legal-encyclopedia/debt-marriage-owe-spouse-debts-29572.html
So, sorry, but this does not appear to be good. And, you should verify the above information, as it could have unfortunate repercussions.
The problem is there is no communal debts with the exception to a car that... from the moment it was purchased depreciated to the point of being underwater in it. The majority of money vested into the car came from my TSP (again, separate property, pre-marital asset). This guy never took the time to go over anything and just asked my wife what all I owned and threw it on her bankruptcy to try and have things sold off. The trustee even confirmed they were trying to liquidate MY assets. I wanna know how I can get this guy and get the money I gave my wife to file back since he messed up the paperwork.
Even here:
Income and property. Generally, in most common law states, income earned by one spouse during the marriage belongs to that spouse alone, if it is kept separate. And any property bought with separate income or funds during the marriage is also separate property (unless the title to the property is put under both spouses' names). In addition, gifts and inheritances received by one spouse, as well as property owned by one spouse before marriage (and kept separate), are the separate property of that spouse.
My income is separate, kept in a separate account. Nothing of mine with the exception of the car purchased as a gifted should have been listed. Even then, her vested interest is 19,500. I put in 2,000 from my TSP uniformed service account which came from money stashed while deployed (pre-marital).
Even here:
Income and property. Generally, in most common law states, income earned by one spouse during the marriage belongs to that spouse alone, if it is kept separate. And any property bought with separate income or funds during the marriage is also separate property (unless the title to the property is put under both spouses' names). In addition, gifts and inheritances received by one spouse, as well as property owned by one spouse before marriage (and kept separate), are the separate property of that spouse.
My income is separate, kept in a separate account. Nothing of mine with the exception of the car purchased as a gifted should have been listed. Even then, her vested interest is 19,500. I put in 2,000 from my TSP uniformed service account which came from money stashed while deployed (pre-marital).
Hey Daniel,
I was wondering if you had any update about this or if you had considered your next step. After the previous description, you make it sound as though your lawyer does not exactly have a clue as to what is going on your case, which has to be exceedingly frustrating.
I was wondering if you had any update about this or if you had considered your next step. After the previous description, you make it sound as though your lawyer does not exactly have a clue as to what is going on your case, which has to be exceedingly frustrating.
Well, my next step since the California Bar Association say that the lawyer did in fact commit a breach in ethics and may have committed malpractice, they are unable to prosecute for attorney client malpractice or harrassment. My next step is wait until my current case against the previous owner of my home is done, then go after this guy. You can only have 2 complex cases open at any time. Since my bank is suing the guy I am suing, that is one and the Army National Guard for an unlawful flag and refusal to process an exemption is my second. I tried to correct that issue with IG, ABCMR, state TAG, legislative inquiry, and SF 95. NGB has said no at all steps. Definately not my year, but on a plus side, the mortgage company corrected their end and I am now only 3... not 4 months behind as they FINALLY let me make a payment. Still don't have enough to catch up beyond making current payments so that sucks.
The truth is that I do not think that lawyers sometimes know their head from a whole in the ground. I am sorry that you are having to deal with all this crap and I hope that something is finally being done. I can almost taste the frustration in your words through the screen.
Past frustration... the VA has me on remicade for Crohn's which started off as a miracle cure. I am so frustrated that even a week after an infusion... all my fistulas have reopened. The court house loves me though, got 2 state cases and 2 federal cases going. The crazy part... it is easier to file in federal court than state court.
You would figure that it might be easier to streamline this. However, that would mean that the different entities have to work together – that is not something that really sounds too plausible if you have ever dealt with any of them before. Hope that everything goes smoothly and you come out the other side happy.