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FiveStarLaw
FiveStarLaw, Lawyer
Category: Family Law
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Experience:  25 years of experience helping people like you.
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Hello, my wife and I are filing for divorce and we wanted to

Customer Question

Hello, my wife and I are filing for divorce and we wanted to know if the student loan I incurred (about $8000) during our marriage is considered Separate Property or Community Property? This loan was used solely for tuition purposes and not living expenses. I have already completed the degree for which I acquired said loan.
Submitted: 10 months ago.
Category: Family Law
Expert:  FiveStarLaw replied 10 months ago.
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX X will do whatever I can to answer your questions!

The student loan would be considered community debt since the debt was incurred during the term of the marriage.

In California debt is divided according to the same principles as assets. All debts incurred during marriage and before separation is presumptively community debt and is divided 50/50

I would be glad to respond to any follow-up questions that you may have.
FiveStarLaw, Lawyer
Category: Family Law
Satisfied Customers: 36131
Experience: 25 years of experience helping people like you.
FiveStarLaw and 5 other Family Law Specialists are ready to help you
Customer: replied 10 months ago.


I've read in several legal websites that since I was the sole beneficiary of the loan, the debt would fall under separate property

Expert:  FiveStarLaw replied 10 months ago.
No that is not correct- if you would like to give me a link

In a California divorce, the goal of the court is to confirm separate property to the owner of that property and to evenly divide community property and debt. Debt incurred during the term of the marriage is presumed to benefit the community

If you would like to give me a link to what you have read I would be happy to clarify further
Customer: replied 10 months ago.
Expert:  FiveStarLaw replied 10 months ago.
one moment while I read the article
Expert:  FiveStarLaw replied 10 months ago.
Thank you for the opportunity to clarify. The article in question discusses the division of student loans throughout the country. Each state has slightly different laws. You may find this article to be more on point:
http://www.la-familylaw.com/property.html
Customer: replied 10 months ago.


So if what you said is true, then my wife and I would not be able to file for Summary Dissolution, right?

Expert:  FiveStarLaw replied 10 months ago.
This is actually a new question and site rules require that new questions be started on new pages. In order to file for summary dissolution, neither you nor your spouse must have acquired more than $6000 in debt since the date of the marriage ( excluding a car loan)
Customer: replied 10 months ago.


Thank you for all of your help.

Expert:  FiveStarLaw replied 10 months ago.

It has been my pleasure to work with you


Please let me know if I can assist you in the future by requesting me directly.

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