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Student loans/ divorce settlement
Posted on 5/22/12 at 9:50 am
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?
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 on 5/22/12 at 10:02 am to Evil Boll Weevil
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 on 5/22/12 at 11:06 am to Evil Boll Weevil
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.
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 on 5/22/12 at 2:07 pm to Evil Boll Weevil
What state was the divorce in. If its texas bend over.
Posted on 5/22/12 at 4:45 pm to Evil Boll Weevil
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 on 5/22/12 at 7:00 pm to Evil Boll Weevil
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 on 5/23/12 at 4:29 pm to Evil Boll Weevil
*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.
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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