We Have Nothing Now. Can Husband Get Half of Nothing in California?

by **tiernan** » Tue Dec 20, 2011 1:05 am

husband filed bankruptcy in california. trustee from the bankruptcy court has everything. keys to the car the house and took my tax refunds and biz.

my divorce lawyer filed divorce. i have no job and live with parents now.

my husband says he wants half plus alimony.

i didnt file the bankruptcy he did and tried to sign my name to it. the bankrutcy court will dismiss me.

we have nothing now. what can he get half of? can he get alimony because i dont have a job no more.

please no make shovenist pig responses. if you dont know the law dont answer.

by **garbhach65** » Tue Dec 20, 2011 1:15 am

California is a Community Property state. So automatically the dividing line starts at half. Just because the Bankruptcy Trustee has your property doesn't mean that some of it isn't exempt, and at least half of it belongs to you anyway.

Your husband's half will go to his creditors and your joint creditors. Your half will go to the joint creditors.

Whatever's left, if anything's left, will be determined by the divorce judge depending on what part of it can be characterized as your property.

Once you filed for divorce there is no future intention of remaining married so any new property you acquire is yours.

You should let your lawyer handle this. As far as alimony or spousal support if he's asking for it he has to show a basis that the divorce judge can order it. You don't have a job anymore so there's no income on your part and you lost your business because of a bankruptcy that your husband filed. So you didn't make yourself intentionally unemployed.

The divorce judge may impute income earning power on the part of your husband and may also find a way to award you some lump sum in money damages for the loss of future earnings from what was your business before your husband destroyed it.

There's a lot of California law on this issue and you need to let your lawyer dig into the facts and research the law. That's why you hire a lawyer.

I certainly hope that when the dust settles you'll be back on your feet and away from this trouble.

by **dalon** » Tue Dec 20, 2011 1:18 am

He can get just that: nothing. If there are no children and there are no marital assets, he will get that half of nothing, just like you will. You don't say how long you were married, but he's not going to get alimony. Just get your divorce and try to make a better life for yourself.

by **warton26** » Tue Dec 20, 2011 1:26 am

you want free legal advice? so do 99%of retards that get themselves in shltty marriages and get screwed over. wish real hard for free legal advice in one hand and crap in the other, see which one fills up first.

by **voliny13** » Tue Dec 20, 2011 1:34 am

Just make sure you have a good lawyer.

I must say that he sounds like a real "winner", lol.
I think it's safe to say you're going to be fine.

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