Does student loan debt get split in a divorce?
Does student loan debt get split in a divorce?
You live in a community property state If you live in one of the following states, you could remain responsible for repaying your spouse’s debt: Arizona, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington or Wisconsin. California is also a community property state, but it treats student loans separately.
What happens to student loan debt in divorce?
Assigning Student Loan in a California Divorce The general rule for debt obligations in a divorce is that, if the debt was taken out during the marriage, then both parties are responsible for paying it, and a court will split these debts 50-50 between the parties in a divorce.
Can a spouse be held responsible for student loan debt?
If you cosigned on your spouse’s student loans at any time, whether they’re federal loans, private loans, or refinanced loans, that means you are legally liable for those student loans. If your spouse dies or is otherwise unable to pay back their loans, the lender will look to you to pay them back.
Is student loan debt community property Texas?
The Texas State Law Library notes Texas is one of just nine community property jurisdictions in the United States. However, student loans that were incurred during the marriage are presumed to be joint property. As with other marital debt, it will be divided in a just and equitable manner.
What happens if my wife defaults on her student loans?
I live in California. Dear Liz, The answer is yes. Your student loan creditors can garnish your spouse’s wages to recover the amount of your defaulted student loan.
Do I have to pay my wife’s student loans after divorce?
California is also a community property state, but it treats student loans differently than other debts. If you’ve been married less than 10 years and your name is not on the loan, you likely won’t be held responsible for the student loan payments.
What happens to student loans when you marry?
Debt you bring into a marriage typically remains your own, but loans taken out while married can be subject to state property rules in divorce. And if one spouse co-signs the other’s private student loan, he or she is legally bound to the loan unless you can obtain a co-signer release from the lender.
What happens to debt in a divorce?
As part of the divorce judgment, the court divides the couple’s debts and assets, while deciding who is responsible for paying specific bills. Each state has its own laws for dividing debts and assets. Some states consider the assets and debts each spouse brought into the marriage.
