QUESTION
Will I be responsible for half of my spouse's premarital student loan debt?
Asked on Feb 20th, 2014 on Divorce - Michigan
More details to this question:
When my wife and I married, we were both done with school and had our respective student loans, in our own names. Over the last 6 years of marriage, I have paid hers down but the balance is still very large. ($18,685). As we split our joint marital debt, does this balance have to be included? I feel because it is only in her name and she was already in re-payment when I met her, that she should be solely responsible. But would the court feel differently?
8 ANSWERS
Domestic Relations Attorney serving Omaha, NE
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Diane L. Berger
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The court would must likely find the debt was hers premaritally.
Answered on Feb 25th, 2014 at 5:00 PM
Business Litigation Attorney serving Los Angeles, CA
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Gerard A. Fierro & Associates
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Each party will be responsible for the debt that incurred before the marriage. The issue sometimes arises whether the community is entitled to reimbursement made on the separate loan of a spouse.
Answered on Feb 25th, 2014 at 4:57 PM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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Student loans generally go with the student whose education they paid, regardless of when they were incurred.
Answered on Feb 21st, 2014 at 5:38 PM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Pre-marriage student loan debt remains with whoever incurred the debt. Exception is if you became a co-signer on the loan
Answered on Feb 21st, 2014 at 5:30 PM
School loans are considered the separate debt of the student.
Answered on Feb 21st, 2014 at 2:50 PM
Family Law Attorney serving Thousand Oaks, CA
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Law Office of Terry A. Buchanan
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Premarital and marital student loan obligations are the responsibility of the student.
Answered on Feb 21st, 2014 at 2:49 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Depends on the detailed circumstances. You need counsel. If you are in Michigan you are welcome to call and engage my firm, Musilli Brennan Associates, to attempt to assist and represent you.
Answered on Feb 21st, 2014 at 2:44 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Since the debt was incurred before the marriage, there is a good possibility that it is not community debt. Still you won't know for sure until the judge rules on it. Talk with your attorney about the issue.
Answered on Feb 21st, 2014 at 2:44 PM