Legal Question in Family Law in Minnesota
My spouse has co-signed a few students loans for outsiders (not for family members or relatives). In a divorce case, would I be responsible for those loans? Do I need to share that bebt?
Asked on 1/14/11, 11:51 am
1 Answer from Attorneys
John Jesperson
Minnesota Lawyers - Jesperson Law Offices
No, you will not ordinarily be responsible for the debts. The bank or other lender would not have any claim against you on the note. Despite this, it is possible that, depending on the circumstances, your spouse will assert that the debts should be treated as a "marital" debt, and factored into the property distribution. Without more facts I can only guess at the outcome of that issue, but my general reaction is that you would not have any direct or indirect responsibility for the debts.
Answered on 1/20/11, 1:18 pm