am I responsible for student loan payment with my husband soon to be ex

UPDATED: Oct 1, 2022

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am I responsible for student loan payment with my husband soon to be ex

Husband was a co signer and son unable to pay as
is husband. We were married 33 years. I was never
able to access the loan information without son and
husband consent. I was an at home mom and
caretaker. I want to divorce husband and i receive no
help from him, I am homeless now and he refuses to
talk unless I pay this loan with him. So am I legally
responsible in California? He will not contact an
attorney for help with this huge loan to get it reduced.
Am I stuck?

Asked on February 15, 2018 under Family Law, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, a loan is a contract; only a person who signs (or co-signs) the loan is responsible for it, the same way that only a person who signs a contract is responsible or liable under the contract. If your soon-to-be-ex-husband is the only co-signer, he, not you, is liable for the loans.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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