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    jayawewa's Avatar
    jayawewa Posts: 1, Reputation: 1
    New Member

    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

    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

    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

    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.

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