Marital Property & Bankruptcy


#1

I have been separated for over 2 years and want to file my absolute divorce papers. I have prepared separation papers based on agreements my husband and I have made but each time he finds things wrong and refuses to sign. After consulting with an attorney I was advised to make sure I put 3 things in my complaint 1. that we still have property issues and I reserved the right for them to be dealt with later, 2. that I am due more than 50% of the assets and 3. #2 is based on the fact that my husband declared bankruptcy and placed all of our marital assets at risk without my consent.

I have 2 questions.

First, do you have an example of a pleading anywhere on your website that would show me how to prepare the pleading statements properly? We only have 3 main assests that are really in question and I want to retain my right to have a court get involved later if I need to.

Second, since he declared bankruptcy when we sell our home will I be entitled to any of the proceeds if there are any after the sale? I did not file with him and did not have access to any of the information regarding his filing. The only thing I could do was negotiate with the credit union for my vehicle so they wouldn’t repossess it. He is the primary borrower on all 3 of our joint loans (our home and 2 vehicles - mine and his). My mortgage company still will not speak to me regarding the mortgage. My only real option is to sell the property, walk away and start over.

My husband chose to leave the marriage but refuses to cooperate in any way with resolving any of these issues so the divorce can be filed. I just want to make sure I protect my property rights as much as possible given the situation.

Thank you for any help you can give.


#2

The best place to gain access to form documents and “go-bys” is our DIY system. Members have access to a multitude of forms, and the advice of an attorney.

As for the home, I cannot say for sure. I do not practice in the area of bankruptcy, and how the proceeds are allotted would depend on the outcome of his bankruptcy.