If my now ex-husband took out 2 student loans without my knowledge for our daughter while we were still married, am I liable for them?
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If my now ex-husband took out 2 student loans without my knowledge for our daughter while we were still married, am I liable for them?
One of the loans is stamped N/A where the spouse info goes. The loans were taken out about 8 or 9 years ago. He never paid on them. I don’t know what he did with the $200,0000. This was in a community property state.
Asked on December 18, 2011 under Bankruptcy Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If your former husband took out two student loans for your daughter when you were married to him, your community property assets would be obligated to pay on the loans since the obligations were incurred while you were married to him even though you did not sign on the loans. The beneficial part of your question is that you did not sign on these loans and you are no longer married to the father of your daughter for whom the student loans were supposedly taken out for.
I suggest that you carefully read your presumed marital dissolution agreement about whose obligation the loans to be paid would be primarily. After reading the presumed dissolution agreement, I suggest that you consult with a family law attorney about the new information you recently discovered about these two loans.
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