Ask a Lawyer and Get Answers to Your Legal Questions
I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.
You are not responsible for your wife's student loan debt. As the person who received the knowledge and gets the continuing benefits of her education going forward, she will be ordered to pay on those loans. The car loan will go with whichever spouse gets the car. Note that she will be required to buy out your share by paying you half the equity that's accumulated in the car since it was purchased. If she made a down payment, she owes you half the money used. The judge can order her to refinance the loan in her name only if she put your name on it, so you're not liable to the original creditor. Marital debts are typically split in a divorce, but that's unsecured debt or debts incurred to pay for things like a child's education.
Once divorce is filed, you cannot take out loans without the judge's permission. If one spouse files for divorce and the other requests a legal separation, the court will order a divorce.
If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.
Community property and community debts are split 50/50. Your wife's student loans, which only benefit her, are not community property.
The car IS community property, but if the courts splits the debt 50/50, then the car itself has to be split 50/50. No one wants to do that, especially judges. So either the car is sold to pay the debt, and the spouses split whatever is left, or whoever takes the car also takes on the obligation to pay for it. If your wife wants the car, she'll also get the debt.
Do you have any other questions about this?