Legal Question in Family Law in California

Repayment of Student Loan

In California, who has to repay a student loan when a couple divorces? Specifially, the husband received his Masters Degree after 4 years. The loan is in his name only. He is the one benefitting from the degree. Is the wife obligated to pay any portion of his student loan?


Asked on 10/08/07, 2:17 pm

1 Answer from Attorneys
Ryan P. McClure The Law Offices of Ryan P. McClure

Re: Repayment of Student Loan

Generally, the education loan upon divorce or separation becomes the separate property of the party that incurred the debt. However, the community may be entitled to reimbursement for contributions during marriage.

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Answered on 10/10/07, 2:19 pm


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