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?

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 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.


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