If we divorced, am I responsible for a student loan that I co-signed for my husband?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we divorced, am I responsible for a student loan that I co-signed for my husband?

In 2001 I co-signed a student loan for my husband. We divorced in 2002. He remarried 6 years ago and defaulted on the loan, then filed for bankruptcy. The debt showed up on my 3 credit reports as a bad debt. When we divorced, the judge declared that I will not be responsible for any of my ex-husband’s outstanding student loans. Apparently, his lender disagrees. What, if anything can I do to expunge this from my credit report? It is ruining my credit.

Asked on October 27, 2010 under Bankruptcy Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A creditor is not a party to a divorce action, therefore unfortunately it is not bound by its terms.  Since you signed for the loan you are responsible for payment. Additionally since CA is a community property state, a creditor can hold both you and your ex-husband liable for debt that either of you incurred during marriage.  As for your credit, you can add statement to the report explaining the circumstances of the negative notation but that's about it.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption