I am in a divorce and have no major debts other than my student loan, acquired while we were still married. Is this debt split in case of divorce?
2007-05-18 08:04:20 · 19 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I went to college after she split with another dude. Was just wondering, not really wanting her to pay it...just thought if my student loan was more than she owed total debt-wise, she might leave it like it is and not want me to pay HER debts.
2007-05-18 08:13:16 · update #1
It can be. The split of debts is strictly up to the judge hearing the divorce. In reality it means nothing. The divorce decree by the judge is an agreement between parties that is approved by/or mandated by the judge. It does not change the legal liabilty of the debt.
Example: You owe a debt for 1000.00 and you live in a community property state. The judge/divorec decress says that you are to pay half and your ex-spouse is to pay half. The creditor or their assignee can still sue both of you for the entire amount of the debt. The decree really changes nothing. It does give you the right to turn around and sue in small claims or civil court if you pay it and your ex was supposed to. The problem is that you have to suffer damages before you can initiate action which means you have to pay it first.
If you do not live in a community property state then the judges decree is a little more binding but if you aquired the debt while married and the judge says your ex was to pay it, the creditor can still pursue you.
2007-05-18 08:14:04 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Student Loan Debt Divorce
2016-12-28 11:30:09 · answer #2 · answered by Anonymous · 0⤊ 0⤋
Student Loans Divorce
2016-11-14 06:00:29 · answer #3 · answered by petrin 4 · 0⤊ 0⤋
1
2016-10-23 23:16:17 · answer #4 · answered by ? 3 · 0⤊ 0⤋
No. Your ex won't pay for your student loan. Even if your where married you took the loan out not her. So why would she has to pay for it. When your divorce you will take that with you. Sorry but that's your debt not hers.
2007-05-18 09:08:05 · answer #5 · answered by smilebig27 2 · 0⤊ 0⤋
A student loan is your own personal debt. If not paid you will be the one who's wages are garnished. Your Ex's is not responsible for a dime of it.
2007-05-18 08:17:35 · answer #6 · answered by Texas Happy Horn 6 · 0⤊ 0⤋
i am no lawyer, but I would assume that if you are the sole-signer, its your loan. Now, if she cosigned then she may be held accountable if you go bankrupt/default...but you don't want to do that unless you plan on living in a cave for the next 7 years. It is horrible on your credit score.
Also, ethically speaking, don't try to pawn your education bills off on your ex. That's just my personal opinion, but I am pretty disgusted at the state of our society regarding issues like this.
2007-05-18 08:15:50 · answer #7 · answered by pastcustomer 1 · 0⤊ 1⤋
Not sure. If it is government loan, you are solely responsible because you are the sole benefactor. If it comes from a bank as a commercial loan, maybe a different rule applies as you may be using it for rent and foods.
2007-05-18 08:09:40 · answer #8 · answered by Sir Richard 5 · 1⤊ 1⤋
Why your spouse have to pay the half of YOUR student loan? No wonder you are getting a divorce.
2007-05-18 08:12:14 · answer #9 · answered by RetroBunny69 5 · 0⤊ 2⤋
If the student loan was for you, why would you think it would be split?? Take some responsibility!!
2007-05-18 08:08:22 · answer #10 · answered by marisanj 5 · 0⤊ 2⤋