Legal Question in Family Law in California
Student Loans and Divorce: In my name, but he used them
When my ex-husband and I were in graduate school, we took out student loans. He was always in charge of the finances, but I apparently signed my name to two large student loans and signed the backs when the came. I took responsibility in the divorce settlement for 20,000 in student loans that I knew about, but another 20,000 I did not know about until the papers were signed. When we took these loans out, I was in school full time, and worked as well. I never paid any tution to go to graduate school but he did. My lawyer told me that it was a missed debt in the schedule of assets and debts and can be addressed in court, but I don't know if I have grounds to at least split it with him. He has a job as an anesthetist and I am PhD student. Any advice would be appreciated.
2 Answers from Attorneys
Re: Student Loans and Divorce: In my name, but he used them
Your lawyer is correct that if the debt was not handled in the dissolution proceeding that it can now be divided. You will need to file a motion to have the court divide that debt. If all other assets and debts were divided equally this probably would be divided equally. Good Luck, Pat McCrary
Re: Student Loans and Divorce: In my name, but he used them
Dear Inquirer:
Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.
If you haven't already done so, please visit my
web site at --
http://home.pacbell.net/edbjr/ OR
http://www.CaliforniaDivorceAttorney.com
The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, and EDD hearings and appeals, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).
NOW, IN RESPONSE TO YOUR INQUIRY --
The facts that you have provided are not clear
enough and/or complete enough to provide a
definitive answer to you inquiry; however, I would
say to read your judgment to determine if it says anything about undisclosed or later-discovered assets and debts. If the judgment is silent on the topic, it's not a very well written-judgment; that notwithstanding, your lawyer probably is correct.
Thanks for sharing your interesting inquiry with
us on LawGuru, and good luck with your case.
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