If you have government school loans in your name that were accumulated during marriage, can your husband also be held liable?

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If you have government school loans in your name that were accumulated during marriage, can your husband also be held liable?

My school was completed paid for by federal aid. My husband and I needed the money while I was in school so we decided to get government school loans. He spent the money as much as me. Can he be held responsible to help me pay them back if we get a divorce even though they were in my name?

Asked on July 20, 2011 Ohio

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your situation.  Did he possibly co-sign the loans?  If he did then what is most important is that the government will see him as responsible as well for the paying back of the funds.  If the loan is in your name only you are going to have some difficulty there, but I would absolutely make the argument during your meetings about the divorce and the settlement of your assets and your liabilities that the debt is really a joint debt. You really need to speak with an attorney in your area on the matter as how the local courts view the issue will be the most controlling.  Good luck to you.    


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