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#227778 - 11/07/09 06:22 AM community credit payments paid with heloc.
elpapimaschulo Offline
Member

Registered: 11/06/09
Posts: 7
hi, thank you in advance.
living in community state -calif
married in 8-2000, live together in my home, began to make all payments of our debts with our monies.
I had several thousands of dollars in seperate debt.
I opted to file bankruptcy in 12-2000.
Wife did not file.
It was discharged in 4-2001.
Therfore, no bills for me,continued paying for wife's bills with my/her monies-
sold my home and moved in to her home, because her mother was ill.
I became disabled in 2002 and was unable to work, still recieving monies from injury on duty pay and private disabiliy insurances.
Fastfoward-2005.
Wife did not want to file bankruptcy with remaining and new community credit card debts in 2005.
So inter the heloc funding of her seperate property (her home).Payed all credit cards debt with her heloc funding.
Seperated in 2-2006 w/$66,000 in heloc debt.
Is this a new Community debt? if so, can i get remembursed for any prior payments made between 2000 and 2006 including the heloc. Her lawyer wants to split the heloc at 33,000.

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#227780 - 11/07/09 07:44 AM Re: community credit payments paid with heloc. [Re: elpapimaschulo]
astrolink Offline
Superstar
***

Registered: 06/03/03
Posts: 5742
I believe your payments will be considered voluntary, and splitting the heloc is proper. However, your attorney could give you the most accurate answer.

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#227869 - 11/09/09 03:14 AM Re: community credit payments paid with heloc. [Re: astrolink]
elpapimaschulo Offline
Member

Registered: 11/06/09
Posts: 7
no lawyer involved pro per.
that means the heloc will be split.50%
how are payments made to remembersed?
does being disabled have any value for spousal support.

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#227874 - 11/09/09 05:22 AM Re: community credit payments paid with heloc. [Re: elpapimaschulo]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
In California, any debts aquired before the date of separation are considered community property liabilities - they are split between the spouses at the divorce. (There may be some special circumstances, like student loans, but that does not seem to be the case here.)

Hopefully, both parties agree on the date of separation when they file their divorce papers.

There may be some special circumstances you might want to consult a lawyer about - for example, if you had inherited your house that you sold; but it was very nice of you to help take care of your mother in law.

What exactly did you mean by "New" community debt? It appears that the debt occurred before the date of separation, and after the date of marriage, which makes it community property. Do you believe you fall into some kind of special exception?
_________________________
Disclaimer:Not actual legal advice!

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#227928 - 11/10/09 03:23 AM Re: community credit payments paid with heloc. [Re: Tali_Llama]
elpapimaschulo Offline
Member

Registered: 11/06/09
Posts: 7
Thank You Very Much
no, special exception.
i believe it is community property now.
it was done after marriage and before seperation.
we do agree on the seperation dates.
is there a post for spousal support--example.
i had to retire after being unable to work.
since 2003 recieving medical retirement pension and long term disability insurance.
that are the rules for spousal support.
i make 36k and she makes 34k per year.
this is a short marriage 5.5 yrs.
i read i can recieve 1/2 the time.
what is the rule for dollars to ask for?
is 10% to much.

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#227934 - 11/10/09 05:15 AM Re: community credit payments paid with heloc. [Re: elpapimaschulo]
Tali_Llama Offline
Superstar
***

Registered: 06/17/03
Posts: 6740
Loc: S. California
You're talking about two people with virtually the same incomes. If it were me, I would ask that neither party have alimony, as the marriage was short term and the incomes are so close.

If you'd like to try a program that may help, California courts used to have a program called XSPOUSE. See if the test version is available, and plug in your information.
_________________________
Disclaimer:Not actual legal advice!

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#228114 - 11/12/09 06:13 PM Re: community credit payments paid with heloc. [Re: Tali_Llama]
elpapimaschulo Offline
Member

Registered: 11/06/09
Posts: 7
ok thanks will to

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