Legal Question in Family Law in California
Hello, I am going through a Divorce in CA after 11 years of marriage. I had some student loans prior to marriage, that were paid off in a refinance after marriage.
Is he legally entitled to be repaid for this after we were married for so long?
2 Answers from Attorneys
There are two conflicting ideas, one is that student loans are personal. The other is that the funds were co-mingled. Your attorney, if you choose to hire one, should argue that since the funds were co-mingled, your husband is not entitled to a setoff.
If you need more help, please let my office know.
Mr. Hale is quite wrong. The community is entitled to reimbursement for 1/2 the pay-off unless you can prove that the education directly resulted in higher income that benefitted the community more than the amount the community paid on the debt.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
