Monday, February 7, 2011

IN A DIVORCE, WHO HAS TO PAY SCHOOL LOANS INCURRED DURING MARRIAGE?

I frequently receive questions from people regarding their family law issues. The following is a question which the inquirer agreed may be publicly revealed, and my answer to the question:

QUESTION: In California, who should pay for school loan debts incurred during a marriage? I incurred school loans when I was married to my ex-husband. Does this work like regular debt, and will we have to split it? Should my ex-husband pay for part of the debt, or do I have to pay for it on my own?

ANSWER: Unless your ex-husband agrees otherwise, you will have to repay your educational loans.

Family Code Section 2641(b)(2) provides that a loan incurred during marriage for the education or training of a party shall not be included among the liabilities of the community for the purpose of division, but shall be assigned for payment by the party.

Family Code Section 2627 provides that educational loans shall be assigned pursuant to Section 2641

This blog is brought to you by DONALD F. CONVISER, a Los Angeles Certified Family Law Specalist, owner of Warner Center Law Offices in Woodland Hills in the San Fernando Valley, an effective and aggressive Los Angeles Divorce Lawyer serving clients in the courts of Los Angeles and Ventura County for over 35 years, offering a free confidential consultation regarding your divorce or family law issues, at 818/880-8990, responding to questions posed to him about Divorce and Family Law.

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