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Am I responsible for our kids’ student loans that are in my name, that were assigned to my wife during our divorce if she stops paying them?
My wife and I got divorced and she was assigned our children’s student loans for her portion of the marital debt (about $35K). I was given all the other debts such as credit cards etc. She has since stopped paying on all of the student loans. The loans are solely in my name. Is she responsible for the payments or am I? We did not have separate lawyers for the divorce, she talked me into using one family friend (who is a lawyer) as an “arbitrator “for both of us. He guided her on division of assets and liabilities, she then presented me with paperwork that I signed and then he filed that in court for her.
The loans are in your name and you're the responsible party.
- Pedal powerLv 61 month ago
I'd say if they are under your name it will come back to hunt you man, females are evil.
You need to show the court orders to the loan company, and take her to court for non payment.
As far as the banks that hold that debt are concerned you're probably considered responsible. Talk to a lawyer because this could turn out very badly if she defaults on these loans. Arrangements should have been made to put this debt into her name. This family friend lawyer kind of dropped the ball.
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- Andrew SmithLv 71 month ago
You MAY be responsible for seeing that the debt gets paid. You MAY have a claim against your ex for a breach of the terms of the divorce settlement. You need advice that we cannot give.
- RPLv 71 month ago
Since the assumed the debt under the terms of divorce, she is responsible, but, if she defaults (fails to pay), the debt holder (school) may come after you and that will necessitate legal action to establish you are no longer responsible although your name appears on the original loan.
- Anonymous1 month ago
Without knowing who "holds" the loans this is impossible for answer. It also varies from State to State. A Court can order one of the parties to pay the mortgage on the former marital home. That Order is NOT binding on the bank. Both parties remain on the mortgage - both parties are responsible. The problem with using family friends is that they often don't examine the entire situation. I suspect that if you are on the loans you are responsible for paying them. You would then, of course, SUE your ex-wife based on the Court Order, but that does NOT make her responsible for direct payment.
- Anonymous1 month ago
" in my name", Yes!
It is unlawful for laymen to give Legal advice.
You need to contact a Lawyer, licensed in the jurisdiction.
- dewcoonsLv 71 month ago
If the court award those debts to her, you would no longer be legally responsible for them. But you need to review this with your lawyer to assure that the wording the divorce decree actually does fully assign those debts to her. None of us can read the decree to confirm that.
- 1 month ago
I am not a lawyer - so you need to get legal advice on this specific matter. Technically, and in a general sense, the party owning the loans can come after you since they loaned the money to you (your name is on the loan). They don't care what the divorce decree says.
You can add a statement to your credit report that according to divorce decree your former spouse is responsible for those loans.
You are going to have to go to court to force her to pay, and as part of it I would request a change to the divorce agreement to have her redo the loans in her name (if that is possible).