For temporary orders shouldn't all community assets be exhausted first before separate property is used to pay bills?

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My wife has an IRA worth $5000. It is a community asset. Shouldn't she expected to liquidate this and use it before expecting me to use my separate property to pay past due and due community bills?

Answers (1)


Shawn H. Smith

Answered On Aug 4, 2013
Probably not, unless it was specifically stated in the order. It also depends on what you are considering to be your separate property at this point. It would be a good Idea to consult your attorney about this, since you may be confused. If you don't have an attorney, it sounds like now would be a good time to get one since there is some confusion that is too involved to clean up on an open forum like this one. Many, including myself, will give a free consultation to discuss your issues. Good luck.