Are student loansconsidered to be community debt?

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Are student loansconsidered to be community debt?

Husband and I married 25 years. We both attended college at the same time; both got engineering degrees; both graduated same semester (12/93). Husband went to work; we decided that I would stay home with the kids. We filed bankruptcy in 1995. Student loans were not discharged and we could not afford to pay them. His wages were garnished to pay his loans (last garnishment was in 06/10). I owe over $60,000 on my loans with interest over (original balance $25,000). Will my loan be considered community debt?

Asked on December 2, 2010 under Family Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am sorry for your situation.  Community debt is supposed to be divided in a fair and equitable way which usually means that the awards are equal. Your argument here is that the separate debt of the student loans of your husband were paid with community property (money) during the marriage and that your debt was left out there to gain interest.  So if his loans were paid with community assets then you need to have a set off for at least that amount to pay off your student loan.  What you need to do is to go and see an attorney in your area on the matter and to ask how the courts will indeed decide this matter.  Good luck. 


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