Legal Question in Credit and Debt Law in California

Re: Pre-Marital Debt Obligations

The first question is did this debt arise out of a divorce or your husband passing away? The law treats both of these differently to some degree.

The nationwide case law has divided student loans only where the other spouse benefited substantially from the loan, either by use of the loan proceeds for family expenses or by sharing in the increased income for a substantial period of time. Where divorce occurs shortly after graduation, most of the cases hold that the loan is the sole responsibility of the former student spouse. Courts vary as to whether this result is reached as a matter of classification or a matter of division. There is not, however, any substantial body of case law forcing the nonstudent spouse to share substantial liability on a student loan in the absence of substantial joint benefit. You stand a good chance in making an argument that you are not responsible for it because you did not substantially benefit from it. At a minimum, you should be able to avoid the total debt and if found liable, should only have to pay a portion during the time he was using the education that enhanced the community (marriage).

Re: Pre-Marital Debt Obligations

you are not responsible for his prior debt but you need to file seperate returns if you want the refund to be YOURS.