My husband and his ex-wife have a joint student loan for her college education and she quit paying, can we sue her for the monies owed if we repay it?

Asked on November 9, 2011 under Bankruptcy Law, North Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Whether or not your husband can bring a legal action against his former wife regarding a joint student loan depends upon what the marital dissolution agreement states about the responsibilty for the payment of this loan. If both your husband and ex wife are responsible for paying off the loan under the dissolution decree between them, and you and your husband pay off her share, then you and your husband can bring an action against the fomer wife for its reimbursement with accrued interest. Good luck.

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 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.