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Debt and education costs

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abcdMom

Junior Member
What is the name of your state (only U.S. law)? CA

How are education loans/costs handled during a divorce ?

Is one's education loan (ie debt) separate property ? Even if loan was taken during marriage ?

How about education costs that were paid out of community property ? Does one spouse have to repay the other for education costs of a degree that the spouse received during marriage ?

How is education cost estimated ?

Does it have to be proven it was paid out of community property ? Or is it up to the spouse who is claiming that it was paid out of separate property to prove that indeed it was ? I believe my-ex's education was paid out of our joint accounts. But since it has been a while I don't know how to prove it one way or another.
Thx.What is the name of your state (only U.S. law)?
 


LdiJ

Senior Member
What is the name of your state (only U.S. law)? CA

How are education loans/costs handled during a divorce ?

Is one's education loan (ie debt) separate property ? Even if loan was taken during marriage ?

How about education costs that were paid out of community property ? Does one spouse have to repay the other for education costs of a degree that the spouse received during marriage ?

How is education cost estimated ?

Does it have to be proven it was paid out of community property ? Or is it up to the spouse who is claiming that it was paid out of separate property to prove that indeed it was ? I believe my-ex's education was paid out of our joint accounts. But since it has been a while I don't know how to prove it one way or another.
Thx.What is the name of your state (only U.S. law)?
You need an attorney. Honestly.
 

mistoffolees

Senior Member
What is the name of your state (only U.S. law)? CA

How are education loans/costs handled during a divorce ?

Is one's education loan (ie debt) separate property ? Even if loan was taken during marriage ?

How about education costs that were paid out of community property ? Does one spouse have to repay the other for education costs of a degree that the spouse received during marriage ?

How is education cost estimated ?

Does it have to be proven it was paid out of community property ? Or is it up to the spouse who is claiming that it was paid out of separate property to prove that indeed it was ? I believe my-ex's education was paid out of our joint accounts. But since it has been a while I don't know how to prove it one way or another.
Thx.What is the name of your state (only U.S. law)?
Educational debt will go to the person who benefits from it (the person who went to school).

Past payments are essentially gone. You can't simply demand that the person who went to school get less assets because they went to school.

The only major exception is if one person received a degree which greatly increases their earning capacity at the other's expense. In that case, it is not unusual for spousal support to reflect that.
 

abcdMom

Junior Member
Thanks for the responses.

An online search had shown this site
Rishwain Law FAQ - California Family Law Lawyers - Divorce Lawyers in Stockton, California

It says " The community estate is reimbursed for the costs of acquiring the degree or license which includes the costs of tuition, books, etc."

Trying to understand if I am interpreting this site correctly. Or is that mis-information possibly ?

Based on this site I was trying to understand how the cost is determined.

Thanks.
 

LdiJ

Senior Member
Thanks for the responses.

An online search had shown this site
Rishwain Law FAQ - California Family Law Lawyers - Divorce Lawyers in Stockton, California

It says " The community estate is reimbursed for the costs of acquiring the degree or license which includes the costs of tuition, books, etc."

Trying to understand if I am interpreting this site correctly. Or is that mis-information possibly ?

Based on this site I was trying to understand how the cost is determined.

Thanks.
You should not be relying on the advice from just one attorney's/lawfirm's website. Review as much information from as many sources as possible, and then rely most on what seems to be consistant from site to site.

Even better, get yourself an appointment with the family law facilitator for your area or your local self help center and get their input as well.
 

abcdMom

Junior Member
Good suggestion LdiJ.

I found similar info at
California Community Property FAQ's — DivorceNet
It states:
In California, where a spouse has earned a college degree or a professional license, the community estate is entitled to be reimbursed for the costs of acquiring the degree or license. These costs are normally limited to such things as tuition, fees and books. Unlike in other states, the law in California does not give the other spouse any right to a percentage of the enhanced earning ability of the spouse who acquired the degree or license

Was hoping to find the actual Family Code law (or whatever it is called!) that addresses such an issue.
Or anyone have any experience with this issue.

And assuming even the statements I found are in fact accurate, how does one prove/disprove that education costs were paid out of community property ? In the absence of proof one way or another, what is the deafult assumption that community property is to be reimbursed or not ?

Thanks!
 

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