About school loans?


Student loans are classified like all other property. Any debt incurred after the date of separation will be your sole responsibility.
With respect to the home you will need to sell or refinance the home in order to ensure that you and your ex separate your finances. This is true even if there is enough martial debt to cancel out any equity in the home. The reason is to ensure that you and your spouse are able to completely separate your finances. If one spouse remains on the mortgage note / equity line, often they are unable to get financing in their separate names for a new place to live, also it relieves them of liability on a home they no longer own.

Erin E. Clarey
Attorney with Rosen Law Firm

Raleigh Office
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 943.0044

Sutton Station
5826 Fayetteville Rd. Suite 205
Durham, NC 27713
Phone: (919) 321-0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


I am currently in school and acquiring loans, I was also wondering if any loans aquired during the 1 year seperation would count as debt during marraige. I am not talking about new loans, but a continuous loan like a school loan. I have a year until I get my bachelors.
Also, if we seperated and equitable distribution came in to play. Would we have to sell or refinance the house to make things even if I took the house, and the home equity loan, along with student loan debt if the loan/debt amounts were greater or equal to to equity gained in the house? would they cancel each other out?