Legal Question in Family Law in California
Can a court order you to cosign on an existing student loan?
1 Answer from Attorneys
The court has jurisdiction over the student loan, if it was incurred during the marriage. If it was for a spouse, generally, the spouse that got the education would be assigned that debt. There are exceptions such as where the loan was used for other than tuition and books or the community substantially benefited by the loan, the court may determine both parties are liable. If the loan was for the child of the parties, then it is a community debt and both would be liable. Whether you cosign or the other party pays and you reimburse is a matter or procedure and it is cheaper just to have each pay one half. If you are asking about a new loan the court would not have jurisdiction to make that order, except in very rare circumstances.