School loans


#1

I would say that the only way you would be responsible for that type of loan is if the loan was taken out in both your names. If it was then I would contact the creditor and find out what you need to do to get your name off this. I would think that he would not want you to be responsible for this in the first place due to the fact that it was not your education and should you not repay it it will affect his credit. My parents had a “student” loan while I was in school and I had two on my own which I’m still repaying. That could take years to do.
The section on equitable distribution is a little confusing but I would think that his education is not an asset but the loan would be a debt. This is something that would give you a claim and ability to interfere in his life for long after the divorce is final and if there are no children involved there should be no reason for you to have ties to him, especially financially. Hopefully an attorney will answer this one because it would seem to me that this would be considered separate debt instead of a marital debt.


#2

Marital debt ls marital debt. If the student loans were taken out while you were married, then you are responsible for 1/2 of the debt with limited exceptions. My ex tried to argue that her student loan was not marital debt. This argument did not fly.


#3

Dear nsrrn:

Greetings. No, you are not responsible for his student loans. They are considered separate regardless of the fact that they were created during the marriage. Thank you.

Janet L. Fritts
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax

301 McCullough Drive Suite 510
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax

1829 East Franklin Street, Bldg 600
Chapel Hill, NC 27514
919.321.0780 main phone
919.787.6668 main fax

ROSEN.COM

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 but a full discussion with an attorney should be undertaken before taking any action.


#4

I am the hubby and I agree with philzone. ALso bender and bender agree. Their site says :In a divorce, only marital or divisible property can be divided.


#5

That’s strange. I didn’t see one statement either in the original post or in the response from the attorney that mentioned representation. You must be reading something here that I’m not seeing.
I still am not quite sure why you would want your STBX to have that type of finacial ties to you after divorce and the damage to your credit could be considerable, but I’m sure you have your reasons. Good luck to you both.


#6

Can you give that web site to the rest of us? I tried searching it but all I got was a Personal Injury firm in NY which I don’t think would have correct legal advice for NC divorces.
The NC General Assembly Statute states that the courts decide what is considered, “divisible” property. They can determine if one spouse’s contribution to education or developement of the career of the other spouse is considered an unequal distribution. They use the net value of marital property and net value of divisible property unless they find it is not equitable.
There is a physician that a friend of mine worked for while he was going through his divorce. It was ruled by the courts in NC that since his wife contributed equally to his medical degree that she would be entitled to a portion of his future earnings after the divorce. This was to start the year after his practice began to show profit and to last for a term of 5 years…just a thought.


#7

My hubby and I are separating. He is currently not working, in school working on his second degree, starting a new job soon. He feels that we should split the repayment of his school loans from his first degree and other degrees he has attempted unsucessfully. They all occured while we were married. Am I responsible for paying part of his student loans once we are divorced?