QUESTION
12 year marriage, school and student loans three years before divorce. Are both parties responsible for the debt incurred?
Asked on Aug 14th, 2013 on Divorce - California
4 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably not on the school loans. Those can be assigned to the student who presumably got the benefit of the education.
Answered on Aug 16th, 2013 at 8:56 PM
Debts incurred during the marriage are generally the responsibility of both parties. However, sometimes the court awards debts to one party based upon their superior income or the fact that they are the one who benefited from the debt.
Answered on Aug 15th, 2013 at 4:39 PM
Family Law Attorney serving Walnut Creek, CA
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Law Office of Jon Rathjen
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In general student loan debt "follows the education", i.e. the spouse who used the borrowed funds to finance their schooling would be assigned the debt. Your fact description would offer no reason for this rule not to apply.
Answered on Aug 15th, 2013 at 10:34 AM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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Student loans generally go to the person who obtained the degree although one case found otherwise so talk to an attorney about your specifics. Community can be reimbursed for tuition and books it paid for.
Answered on Aug 15th, 2013 at 10:03 AM