Is it the borrower or both parties?
2007-01-16 04:32:36 · 25 answers · asked by CS 2 in Family & Relationships ➔ Marriage & Divorce
The borrower!!
2007-01-16 04:35:05 · answer #1 · answered by Hi 7 · 2⤊ 1⤋
Um good question. Is this for one of the parties or for Children? What state are you filing in?
If the children than both parents need to work this out in the divorce.
If for one of the parties?
the state matters most here. If the state is a community property state AND the borrower entered into the agreement while married it is the responsibility of both parties and should be worked out in the divorce. If it is not a community property state and the application was a joint application then both are responsible. Finally if not community property and only the student was on the loan then only the student is responsible.
2007-01-16 04:41:20 · answer #2 · answered by rcbricker33 3 · 0⤊ 0⤋
The first thing we need to know is were the loans originated before or after the marriage. If it is before you were married than the loans are the responsibility of the person who borrowed the money. If it is after the marriage they could be considered community property debt. This will be divided up by a judge. He will most likely say the debt belongs to the person who went to school.
2007-01-16 04:38:33 · answer #3 · answered by Anonymous · 0⤊ 0⤋
If the loan was made before marraige, then the borrowers as all debts and assets that precede marriage are separate property. If the loan was taken out during the marriage then it is a joint debt, and both parties owe.
2007-01-16 04:37:18 · answer #4 · answered by crossbones668 4 · 0⤊ 0⤋
Borrower
2007-01-16 04:36:10 · answer #5 · answered by jeter2 2 · 0⤊ 0⤋
The person that borrowed and signed for the loan, I would think would be the responsible party.
2007-01-16 04:35:57 · answer #6 · answered by NAN G 6 · 0⤊ 0⤋
The borrower is always responsible for his or her student loan.
2007-01-16 04:38:55 · answer #7 · answered by Blu 4 · 0⤊ 0⤋
That really depends on whether or not you two decided to do prenuptial, ect., and how much you're willing to fight for the scraps of what's left between you two. Not everyone has to go to court. I've seen divorces set on the cutting board cleanly. Discuss it with your wife and make sure you tell her your concerns, maybe you can work something out. If not, you definitely have a case should you decide to lawyer up, simply because that debt was accumulated before you two married.
2016-05-25 00:29:58 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Ummm... the borrower. If you both have student loans, then ur both responsible for the amount you borrowed.
kurticus, you should meet my husband. He blows money while I try to save it.
2007-01-16 04:36:37 · answer #9 · answered by Mujer Bonita 6 · 0⤊ 0⤋
whom ever name the loan was taken out in. You could ask your atty to have the judge put it in the divorce that the student be responsible for his/her own debt.
2007-01-16 04:36:52 · answer #10 · answered by brandi from texas 4 · 0⤊ 0⤋
The borrower.
2007-01-16 04:36:09 · answer #11 · answered by kja63 7 · 0⤊ 0⤋