• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Student loan already paid before divorce

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

K

Kelster

Junior Member
What is the name of your state? California

I am in the process of a divorce. We were only married two years and other than our condo, we have very little to split. We are doing a simple self-divorce and we had agreed on everything . . . suddently, he is wanting me to pay back $8,000 of a $16,000 student loan that we paid ( along with other debts) with refinancing our condo. He said he decided since I wanted the divorce, I should pay him back. I have agreed to pay my other student loan with a balance of $6,000.00, and for other personal things I had purchased during our marriage amounting to approx. $5,000. After this $11,000.00, I will have nothing left, even if I thought I would pay.

Can he leagally demand that I pay him for a debt we already paid off?
 


LdiJ

LdiJ

Senior Member
Kelster said:
What is the name of your state? California

I am in the process of a divorce. We were only married two years and other than our condo, we have very little to split. We are doing a simple self-divorce and we had agreed on everything . . . suddently, he is wanting me to pay back $8,000 of a $16,000 student loan that we paid ( along with other debts) with refinancing our condo. He said he decided since I wanted the divorce, I should pay him back. I have agreed to pay my other student loan with a balance of $6,000.00, and for other personal things I had purchased during our marriage amounting to approx. $5,000. After this $11,000.00, I will have nothing left, even if I thought I would pay.

Can he leagally demand that I pay him for a debt we already paid off?
Click to expand...
No...he cannot....nor can he require you to be solely responsible for the other 11k of debt if it accrued during your marriage....because you are in a community property state.

So...ask him if he thinks that its more economically wise for the two of you to both spend the money to hire attorneys, only for him to end up with responsibility for 1/2 of the debt that you are already agreeing to take responsibility for.....or whether its more economically wise to stick with your original agreements.
 
K

Kelster

Junior Member
Thanks for your quick reply . . . I didn't think he could, but I need all the reassurance I can get and advice before our final financial meeting on August 31st. :) Thanks again.
 
B

BelizeBreeze

Senior Member
Actually, YES he can demand such. And since you used community proceeds to pay down the debt, when he petitions to partition and force the sale of the condo, the court can take into account the amounts used in the refinance to pay back pre-marital debt and deduct such from any portion of the profits received.
 
K

Kelster

Junior Member
OK - we have sold our condo and it closes on the 18th of August. We have requested the profit from the condo be split into two separate checks. I moved out of the condo on April 1st and part of our agreement is that I will pay him back 1/2 of the monthly mortgage payment he has been paying since April with my half of the money, plus the $11,000 I mentioned before and am making my car payment. I believe he paid off his car with that same money from the refinance.

I guess if he pushes the point, it would put off the divorce and he would have to take me to court. Correct? Also, this would force neither of us to get the proceeds from the condo sale until this is settled, so the escrow company would have to hang on to the check.
 
LdiJ

LdiJ

Senior Member
BelizeBreeze said:
Actually, YES he can demand such. And since you used community proceeds to pay down the debt, when he petitions to partition and force the sale of the condo, the court can take into account the amounts used in the refinance to pay back pre-marital debt and deduct such from any portion of the profits received.
Click to expand...
Bull...and you know it BB.
 
You must log in or register to reply here.

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top