In California, who should pay for school loan debts incurred during a marriage? 10 Answers as of February 11, 2011

I incurred school loans when I was married to my ex. 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?

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Pisarra and Grist
Pisarra and Grist | David T. Pisarra
School loans are considered personal debts that are assigned to the party who incurred them by receiving the education.

I discuss how to handle them in my book, A MAN'S GUIDE TO DIVORCE STRATEGY, available on Amazon.com, BN.com and as an e-book on my website.
Answer Applies to: California
Replied: 2/4/2011
Law Office of Curry & Westgate
Law Office of Curry & Westgate | Patrick Curry
School loans are separate property debt.
Answer Applies to: California
Replied: 2/3/2011
Michael Apicella
Michael Apicella | Apicella Law and Mediation
Student loans are not like regular debt. Assuming the "community" has not benefited from your education, which is presumed if it has been less than 10 years since you obtained your education for which you took student loans, then it is your separate debt. I suggest you go to Google and look up California Family Code section 2641. If any other questions, feel free to contact my office.
Answer Applies to: California
Replied: 2/2/2011
Law Office of L. Paul Zahn
Law Office of L. Paul Zahn | Paul Zahn
School loan debts follow the person who incurred them. If you took the loans, regardless of when, to pay for your education, then they should be awarded to you. Further, if the education took place less than 10 years from the end of the marriage, there is a presumption that the community should be reimbursed for the principal payments it made during marriage. I would be happy to speak with you about this as well as representation on your case.
Answer Applies to: California
Replied: 2/2/2011
Edwin Fahlen Attorney at Law
Edwin Fahlen Attorney at Law | Edwin Fahlen
I have reviewed your case information and I can help you with your school debt issues and take you through all the steps necessary to make as sure as can be that you give only what you must, and receive everything to which you are entitled. Assignment of school debt depends on many factors.

(a) "Community contributions to education or training" as used in this section means payments made with community or quasi-community property for education or training or for the repayment of a loan incurred for education or training, whether the payments were made while the parties were resident in this state or resident outside this state. (b) Subject to the limitations provided in this section, upon dissolution of marriage or legal separation of the parties: (1) The community shall be reimbursed for community contributions to education or training of a party that substantially enhances the earning capacity of the party. The amount reimbursed shall be with interest at the legal rate, accruing from the end of the calendar year in which the contributions were made. (2) 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 pursuant to this division but shall be assigned for payment by the party. (c) The reimbursement and assignment required by this section shall be reduced or modified to the extent circumstances render such a disposition unjust, including, but not limited to, any of the following: (1) The community has substantially benefited from the education, training, or loan incurred for the education or training of the party. There is a rebuttable presumption, affecting the burden of proof, that the community has not substantially benefited from community contributions to the education or training made less than 10 years before the commencement of the proceeding, and that the community has substantially benefited from community contributions to the education or training made more than 10 years before the commencement of the proceeding. (2) The education or training received by the party is offset by the education or training received by the other party for which community contributions have been made. (3) The education or training enables the party receiving the education or training to engage in gainful employment that substantially reduces the need of the party for support that would otherwise be required. (d) Reimbursement for community contributions and assignment of loans pursuant to this section is the exclusive remedy of the community or a party for the education or training and any resulting enhancement of the earning capacity of a party. However, nothing in this subdivision limits consideration of the effect of the education, training, or enhancement, or the amount reimbursed pursuant to this section, on the circumstances of the parties for the purpose of an order for support pursuant to Section 4320. (e) This section is subject to an express written agreement of the parties to the contrary. Since documents have been filed with the court it is very important that we speak as soon as possible, so I can evaluate your problem, and if hired protect all of your interests, hopefully without going to court.

You may find MORE helpful information on my website. The best way to contact me for an immediate response is for you to call.
Answer Applies to: California
Replied: 2/2/2011
    Warner Center Law Offices of Donald F. Conviser
    Warner Center Law Offices of Donald F. Conviser | Donald F. Conviser
    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.
    Answer Applies to: California
    Replied: 2/2/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    Usually student loan debts incurred during marriage are treated as separate debts after divorce.e., the debt stays with the ex- spouse who got the education.
    Answer Applies to: California
    Replied: 2/2/2011
    Bartholomew & Wasznicky LLP
    Bartholomew & Wasznicky LLP | Hal D. Bartholomew
    In California, school loans incurred for the benefit of one spouse are normally considered the separate property debt of the person receiving the education.
    Answer Applies to: California
    Replied: 2/2/2011
    Diefer Law Group, P.C.
    Diefer Law Group, P.C. | Abel Fernandez
    The person who received the education is normally charged to pay those fees unless the court feels that the community has benefited from that education.
    Answer Applies to: California
    Replied: 2/2/2011
    Goldberg Jones
    Goldberg Jones | Zephyr Hill
    The person that obtained the education.
    Answer Applies to: California
    Replied: 2/2/2011
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