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re: Student loans/ divorce settlement
Posted on 5/22/12 at 12:32 pm to Evil Boll Weevil
Posted on 5/22/12 at 12:32 pm to Evil Boll Weevil
it's just like a house. If you co-borrowed/co-signed the loan, then the only way you can get off the hook is if she refinances the debt strictly into her name.
The lender is not going to let you off the hook just because a divorce decree states it. The lender is not obligated to let anyone off the hook for debt. You signed, it's your debt no matter what, until she refinances.
I've seen it time and time again that a divorce decree states that a spouse must refinance a house out of THEIR names and into his/her name. Only problem is that one spouse doesn't qualify on his/her own or the house is upside down and they can't refi. Again, lender doesn't give a shite what the divorce decree or order states. They are only worried about one thing and that is getting repaid. If they have a live worm on the hook (you) they are going to set it and get repaid that way.
Sorry, but unless your ex is willing to step up to the plate then you're stuck. And it sounds like she isn't in a position to refinance the debt if 1) she can't pay it now and 2) she's filed bankruptcy.
The lender is not going to let you off the hook just because a divorce decree states it. The lender is not obligated to let anyone off the hook for debt. You signed, it's your debt no matter what, until she refinances.
I've seen it time and time again that a divorce decree states that a spouse must refinance a house out of THEIR names and into his/her name. Only problem is that one spouse doesn't qualify on his/her own or the house is upside down and they can't refi. Again, lender doesn't give a shite what the divorce decree or order states. They are only worried about one thing and that is getting repaid. If they have a live worm on the hook (you) they are going to set it and get repaid that way.
Sorry, but unless your ex is willing to step up to the plate then you're stuck. And it sounds like she isn't in a position to refinance the debt if 1) she can't pay it now and 2) she's filed bankruptcy.
Posted on 5/22/12 at 12:42 pm to Im4datigers
Thanks for the help. Looks like I may have to actually contact her to see if that is a viable option. Damn!
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