am I responsible for student loan payment with my husband soon to be ex

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am I responsible for student loan payment with my husband soon to be ex

Husband was a co signer and son unable to pay as
is husband. We were married 33 years. I was never
able to access the loan information without son and
husband consent. I was an at home mom and
caretaker. I want to divorce husband and i receive no
help from him, I am homeless now and he refuses to
talk unless I pay this loan with him. So am I legally
responsible in California? He will not contact an
attorney for help with this huge loan to get it reduced.
Am I stuck?

Asked on February 15, 2018 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, a loan is a contract; only a person who signs (or co-signs) the loan is responsible for it, the same way that only a person who signs a contract is responsible or liable under the contract. If your soon-to-be-ex-husband is the only co-signer, he, not you, is liable for the loans.


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