If my wife tookout student loans and also received a cash wedding gift from her parents, am I responsible for re-paying any of this?

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If my wife tookout student loans and also received a cash wedding gift from her parents, am I responsible for re-paying any of this?

I wasn’t a good husband and I created a unhealthy environment with my verbal abuse. She is threatening to take me to court and tell them all this in hopes of making me pay more and also making me help pay for her apartment (that I don’t live at). Can she be successful at doing any of this? Student loans 15k; wedding cash $10k.

Asked on October 14, 2011 under Family Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You shouldn't be liable for her student loans, unless you cosigned for them--if you did cosign, or otherwise guaranty, them, you would be liable.

If the wedding gift was a gift to both of you, her parents can't get it back; the cash from it, however, may be considered one of the marital assets to be divided in a divorce (e.g. you each get $5k of it). If it was a gift purely to her, it may be that she is entitled to all it, but since a *wedding* gift is gift upon the marriage of two people, it is most likely that a court would conclude it was made jointly to both of you.

Whether you have any obligation regarding her apartment depends on the circumstances: who rented it? who is on the lease? was it rented before or after the wedding? etc.

You should consult with a family or divorce law attorney to understand your rights and obligations. Good luck.


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