Ask Experts Questions for FREE Help !
Ask
    jayawewa's Avatar
    jayawewa Posts: 1, Reputation: 1
    New Member
     
    #1

    Nov 6, 2013, 04:39 PM
    Is a prenuptial agreement valid when filing bankrupcy?
    There is a prenuptial agreement between two parties in California, who are married. One person filed chapter 7 bankruptcy. Could this person avoid the properties that been acquired together as separate property which has the title
    of the other party's name to avoid pay creditors debts?

    Is a prenuptial agreement valid when a person file chapter 7 bankruptcy ?
    ScottGem's Avatar
    ScottGem Posts: 64,970, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Nov 6, 2013, 04:53 PM
    Prenups are negotiated. It will depend on the terms of the prenup.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #3

    Nov 6, 2013, 05:31 PM
    ... Could this person avoid the properties that been acquired together as separate property which has the title
    Other party's name to avoid pay creditors debts

    If I understand your question, yes. If the legal effect of the pre-nup is to make sure that property acquired during the marriage is treated as separate property, the spouse who files for bankruptcy protection would perhaps not have to list that property in his or her bankruptcy schedules.

    Of course the trustee or creditors could still seek to have the property declared to be (marital) community property.
    cdad's Avatar
    cdad Posts: 12,687, Reputation: 1438
    Internet Research Expert
     
    #4

    Nov 7, 2013, 05:36 AM
    Quote Originally Posted by FLSEP08 View Post
    PRE-NUP protect anything prior a relationship, not necessarily marriage only. State of California requires proof of relationship. No couple can buy any real estate , I mean any real estate, without proof of relationship. Debt Collector, and Creditor will gain access to the WEALTH they accumulated during marriage, taking them to court. If it is proven that, the couple, willfully done this chapter 7, pre-nup... then they could FACE in the court in front of a JUDGE. The could be criminally prosecuted by the State and the Fed.Gov't
    Can you show which law your talking about? There is no law that I know of that requires proof of relationship when purchasing or transferring property.

    Also a prenup is in place only to service the relationship and to provide guidelines should the relationship need instructions on how to deal with a situation.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Prenuptial - Florida [ 3 Answers ]

My sister has been living in Florida. She recently is married to her boyfriend of more than 10 years after his near-death surgery. My sister owns several real estate properties and well set financially. Her husband does not have anything. They had a prenuptial agreement that her husband...

Do I have a right to see my dead sister prenuptial agreement [ 4 Answers ]

My sister died without a will. Prior to her marriage she had a prenuptial agreement. I would like to know if we her siblings have a right to see the agreement.

List percentage of equity in prenuptial agreement [ 1 Answers ]

Can you structure a prenuptial agreement so that for example if you only had 80% of the mortgage paid off before marriage then in the event of a divorce you would get back 80% of whatever itís new assessed value was at the time of divorce. Please give example of how that might be worded in a...

E-mail agreement, is it valid [ 6 Answers ]

I had a supposed friend promise over email to give me a car as a gift. She set up meeting time and place with my wife to pick up the car. When my wife arrived at her house to get the car, nobody was home but the car was on the street, cleaned up and ready to go. My wife went to get breakfast,...

Prenuptial agreement/cohabitation [ 1 Answers ]

Is a prenuptial agreement valid when man/woman cohabited rather than married? Does it protect against quantum meruit when relationshp ends? Is the 3 year statute of limitations instituted?


View more questions Search