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How would you handle this B 106A/B (Schedule A/B: Property (individuals) Synopsis?

CrystalCrystal Posts: 30
edited October 2019 in Jubilee
Your opinion matters to us, and we would love to hear how you would handle the synopsis below. Your feedback will enable us to better understand your needs for software programming purposes.

The B 106A/B (Schedule A/B: Property (individuals) Synopsis

This bankruptcy case includes Debtor 1 and a non-filing spouse. The non-filing spouse has a truck title in his name only, but they live in a community property state. Form B 106A/B asks about the interest in the property. If Debtor 1 has an interest due to community property, and since there is a non-filing spouse, which of the following would you select and why?

Question 3.1 on B 106A/B

Who has an interest in the property?
___ Debtor 1 only
___ Debtor 2 only
___ Debtor 1 and Debtor 2 only
___ At least one of the debtors and another

___ Check if this is community property (see instructions)


  • Title only creates a presumption of ownership in California. Some tracing analysis is necessary to properly answer Question 3.1. If the non-filing spouse acquired the truck before marriage, it could be separate property only. However, in the same scenario, if they had a car loan during the marriage, then it would be part community/part SP. If it was acquired after marriage, it would likely be community property - unless paid for by a SP source only such as inheritance. So, more background facts would be necessary to properly categorize the asset. It would just depend on the circumstances.
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