If I co-signed several private student loans for my wife during our marriage and she defaulted on payments, can I sue her?

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If I co-signed several private student loans for my wife during our marriage and she defaulted on payments, can I sue her?

In our divorce agreement, it specifies she is responsible for those loans. She recently defaulted on them and the lender is coming after me. Do I have to wait until after money is taken from me, or a lien is placed etc, before I can sue her?

Asked on September 26, 2012 under Family Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Since the lender is already coming after you, you can start going after your ex-wife.  You essentially file an enforcement action within your divorce decree to compell her to make the payments.  Understand, though, that the courts will continue to order her to pay it... but if she can show an inability to pay, they may not be able to do much to her if there are not any assets for you to attach--which means in the end, the student loan lenders will continue to go after you despite the divorce decree or enforcement action.


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