Are a spouses school loans considered community property?

Asked over 2 years ago - Los Angeles, CA

Hello,

I am contemplating divorce and I wanted to know if school loans acquired during the course of our relationship are considered community property? Will I have to pay them? He is in school. I am the one that works.

Attorney answers (2)

  1. Cathleen Elisabeth Norton

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    Answered . Generally speaking, if the school loans were acquired recently then they will be confirm to your husband as his separate property debt.

    The more critical concern for you is whether you would have to pay him spousal support since you were the "breadwinner" in the relationship.

    Since there may be other issues you may not even be aware of, you probably should consult with a family law attorney to do some pre-divorce planning. I have included some links below which may prove helpful to you as you decide what to do. Good luck in whatever decision you make.

    If you found this answer helpful, let me know by clicking the "Mark as Good Answer" button at the bottom of this... more
  2. Donald Frederick Conviser

    Contributor Level 19

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    Answered . Your husband will be required by the Court to pay his own school loans. They are not treated as community obligations. He got and will continue to receive the benefit of those loans after the divorce is completed.

    Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... more

Related Topics

Divorce

Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

Dividing Separate Property in Divorce

Separate property generally refers to property that is acquired before marriage. However, gifts and inheritances are also separate property.

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