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I co-signed my daughter's student loan and now my husband and I are getting a divorce, is he liable for half the debt?

Renton, WA |

He will be buying another house after our divorce and is concern this will stop his loan from going through.

Attorney Answers 2

Posted

He is not liable if he didn't co-sign.

Legal disclaimer: In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.

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Posted

Actually, I believe he probably is. Washington, as you know, is a community property state. Thus any debt you enter into will be presumed to be for the benefit of the community, meaning both of you. As you entered into a debt to assist your daughter, there is a presumption that this benefits both of you. Now, this is only a presumption, and there are ways to overcome that presumption, and there may be facts here that make that presumption untrue, but until he can overcome that presumption I would presume he is also liable.

Check with your divorce attorney to see what he/she thinks about this. They should know enough about your situation to give you an informed opinion as to whether he (your soon to be ex) is liable for this debt.

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1 comment

Glenn Bishop

Glenn Bishop

Posted

I just noticed the add-on to the bottom of your question. Even if he is liable on the debt, if he didn't actually co-sign the debt, its pretty unlikely it will show up on his credit report. Thus it would not affect his mortgage application. That doesn't mean the student loan company couldn't come after him at some point in the future though.

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