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Dividing a joint consolidation student loan when divorcing

Phoenix, AZ |

Before joint consolidation loans were (rightly) banned by Congress, my husband and I jointly consolidated our loans; at the time, no one warned us that, in the event of divorce, we would both remain liable for the full amount and would be unable to deconsolidate the debt. We're now divorced and have kept the loan in forbearance, hoping to find a solution to this problem. I want to pay what I owe (approximately 50%), but I am sure that my ex-husband will not pay his half every month and I cannot pay the full amount myself. Is there any way to refinance and separate our obligations? what would happen if neither of us paid?

Attorney Answers 1

Posted

If you can make a lump sum payment for your 1/2, you may be able to get out of the loan. You should contact the Dept of Ed Ombudsman at (877) 557-2575 and discuss your options.

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2 comments

Asker

Posted

How would someone be able to get out of the loan by paying half? I am in a similar situation, I am required by divorce decree to pay the student loan I consolidated with my ex. I don't know how much of the loan was his....

Joshua R.I. Cohen

Joshua R.I. Cohen

Posted

You'll have to talk to Dept of Ed about it. It's only a theory, but the best solution I know of. However, if your divorce decree requires you to pay the whole balance, paying just your half to remove your liability could be a breach of the decree. You should discuss this with your divorce attorney.