QUESTION
If I file for divorce, am I responsible for my wife's and step-son's student loan debt?
Asked on Oct 02nd, 2012 on Divorce - California
5 ANSWERS
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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Probably not, but there are some variables.
Answered on Jun 27th, 2013 at 12:51 AM
As far as the third party lender is concerned you are not responsible. Normally in dissolution these type of debts remain with the party who incurred them although if incurred during the marriage your wife's debt would be community and the court could order the debt paid by both of you.
Answered on Oct 03rd, 2012 at 4:51 PM
Michael Paul Vollandt
In California student loans are separate debts and they are their responsibilities. A smart lawyer may try to say that the loans were used for living expenses and should be community debt - but that usually fails.
Answered on Oct 03rd, 2012 at 4:51 PM
Alternative Dispute Resolution Attorney serving Ventura, CA
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Zahn Law Office
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No, they are the separate property of the person who incurred them.
Answered on Oct 03rd, 2012 at 4:50 PM
Family Law Attorney serving San Rafael, CA
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Warren Law Group PC
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Step-son: No. Wife: Yes, if the debt was incurred during the marriage. The type of degree she pursued or attained could impact this as well, depending on how long, if at all. your family benefited by her having a higher income as a result of that loan. Please note that other parties may try to prove that you made commitments to participate in payment even if you did not formally co-sign the loans.
Answered on Oct 03rd, 2012 at 4:49 PM