Can my husband make me responsible for his student loan debt if the loans are in his name, even though they were slightly used for living expenses?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can my husband make me responsible for his student loan debt if the loans are in his name, even though they were slightly used for living expenses?
I am about to file for divorce and I am not sure if I could legally be made to pay for my husbands school debt. Does the statement in the complaint “each party assumes their own debt” cover me from paying his loan debt?
Asked on June 11, 2012 under Family Law, Michigan
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Student loan debt is separate debt as long as it was incurred prior to marriage. It is also considered separate debt (for which he cannot seek contribution from you) if it was not used to benefit the marriage. Now, let's assume it benefited the marriage because he earned more money during the marriage; if this is true, then the accounting may be that a portion of his student debt be your concern or offset any monies owed to you.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.