Are Student Loans Community Debt?

California is a community property state which means that income assets acquired and debts incurred during the community are assets and liabilities respectively of the community. I can't tell if you are talking about two different debts. One debt arising out a student loan and another debt for a corporate project. Assuming both were incurred during the marriage, they are probably community debts. The documents would have to be reviewed in addition to other factors.

When you retain family law counsel, this should be addressed. I recommend that you seek legal counsel and do not try to dissolve the marriage on your own. Family law, division of property, and allocation of debt are technical issues of law. California certifies attorneys who have demonstrated expertise in family law. I suggest you contact a certified family law specialist for legal counsel.

In short, student loans are NOT exempt from community debt if the loans were taken out during the marriage.

Califronia is a community property state. Consequently, all assests aquired and all debts incurred DURING the marriage (before separation) are shared equally, unless there is a prenuptial agreement that provides differently.

As to authorization. No authorization is necessary. Marriage is like a partnership-- each of the partners can do as they please, with or without the consent of the other partner.

Disclaimer. The above is provided for informational purposes only, does not costitute legal advice, and does not create an attorney client relationship.