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Student loans/ divorce settlement

Posted on 5/22/12 at 9:50 am
Posted by Evil Boll Weevil
Lakeview
Member since Jan 2010
43 posts
Posted on 5/22/12 at 9:50 am
Long story short:
Divorced 8 years ago. Ex-wife took student loans (her loans of which I co-signed on) as part of divorce settlement. Have not spoken to her since divorce (no kids). Heard she filed bankruptcy soon after divorce. Apparently, she has decided to become delinquent on her loans and I am now receiving the payment bills. She's a legislative auditor, no less. Anyways, do I have any options (legal recourse) if she decides to quit paying it all together?
Posted by guttata
prairieville
Member since Feb 2006
22513 posts
Posted on 5/22/12 at 10:02 am to
Declare bankruptcy. Why would you cosign on anyone's student loans? I had been married for 4 yrs and still wouldn't cosign on my wife's loans. Figured her doing her own loans would give her incentive to actually use her degree.
Posted by JPLSU1981
Baton Rouge
Member since Oct 2005
26297 posts
Posted on 5/22/12 at 11:06 am to
First of all, student loans are not dischargable in bankruptcy anyway, so any talk of bankruptcy is moot.

That said, I doubt very seriously your divorce settlement in any way legally took you "off" as co-signer. BUT, you would certainly have legal recourse available against your x-wife if you were forced to pay those debts.

You certainly need to get it figured out, because it will definitely go on your credit if those are not paid. Although I don't think you will have any success, I would also call the lenders, explain the situation, and see if they will take you off as co-signer if you send them the divorce settlement paperwork. I doubt they will do that, but it's worth a shot.
Posted by bulldog95
North Louisiana
Member since Jan 2011
20727 posts
Posted on 5/22/12 at 2:07 pm to
What state was the divorce in. If its texas bend over.
Posted by GFunk
Denham Springs
Member since Feb 2011
14966 posts
Posted on 5/22/12 at 4:45 pm to
quote:

Evil Boll Weevil
quote:

Long story short:
Divorced 8 years ago. Ex-wife took student loans (her loans of which I co-signed on) as part of divorce settlement. Have not spoken to her since divorce (no kids). Heard she filed bankruptcy soon after divorce. Apparently, she has decided to become delinquent on her loans and I am now receiving the payment bills. She's a legislative auditor, no less. Anyways, do I have any options (legal recourse) if she decides to quit paying it all together?


I tangled with those miserable, strewn to the four-winds, soul-crushing, pulseless, faceless, anonymous hordes of life-essence sucking, vampirical hucksters at Sallie Mae during Gustav.

My bank didn't auto-pay my student loans because their power was off or some sh!t. I went into immediate default & got a garnishment letter. Thank God I was using tax-returns to pay off my loans, because they screwed me to the wall.

I say all that to say this: There's no way out of paying liens & student loans. You will pay no matter what. Short of death, you will pay. I promise you that, sir.

Abandon all hope, ye who signed w/Sallie Mae...
Posted by CalcuttaTigah
Member since Jul 2009
773 posts
Posted on 5/22/12 at 7:00 pm to
Did she take out all $40k at once? Or did you co-sign a bunch of different loans over the course of several semesters? You would think that she would have her financial shite together, seeing as she is an accountant.
Posted by jmitc22
Brrrrr
Member since Jan 2007
1684 posts
Posted on 5/23/12 at 4:29 pm to
*this is not legal advice*

Look at the community property judgment. Many times there will be a "hold harmless" provision. You can have an attorney file a motion for contempt of court for her failure to pay based on this provision. It is affecting your credit since your name is on the loan, and its doubtful her lender will allow her to refinance to take your name off of it. But, encourage her to try refinancing. If she refuses then have a lawyer bring it to court to put the fear in her, if nothing else.
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