QUESTION
Can my husband's ex-wife be responsible for paying school loans although divorce is over with?
Asked on Jun 10th, 2013 on Divorce - Texas
More details to this question:
My husband and ex-wife got divorced a year ago in february and in order to get over with quickly, she got everything and he wasn't allowed to take half her retirement although he used his to pay for stuff while they were married. Now come to find out, 8 yrs ago they filed chapter 13 and had to pay off 60,000 of debt because of her. Also he has about $75,000 worth of school loans that were in forbearance because of the chapter 13 and he is having to pay back. He used the loans to support them and the family. Can he take her back to court to acquire half that debt to pay off? Please help.
1 ANSWER
2 Awards
It is a difficult question to answer without seeing the decree, but most attorneys make sure that the final decree disposes of ALL property, whether stated or not. It may well be, however, that your decree has some language regarding any assets not disclosed can be re-allocated. If that is the case, it would be worthwhile to pursue. However, again, usually the decree simply states Wife take all 'other' debt in her name and Husband take all 'other' debt in his name. This type of blanket language is generally sufficient to negate any motion for new trial or attempt to bring the case back before the court on a property distribution argument. Again, this will depend largely upon the lieral wording of your decree. Find an attorney local in your area and ask that they quickly look at it. Takes about 10 minutes.
Answered on Jun 10th, 2013 at 5:35 PM