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LegalGems
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9907
Experience:  Experienced Family Law Attorney
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S the basic provisions of law are applied (prenup does not

Customer Question

s the basic provisions of law are applied (prenup does not address it, or no prenup) if commingled salaries (community property) are used to pay down PartnerB's student loans ($100k over 5 years for example), in divorce proceedings PartnerA could obtain reimbursement for $50k of that debt repayment. All else being equal... True/False?
JA: Was the property purchased during the marriage? Were any marital funds used to pay for the mortgage or property improvements?
Customer: ? are you a robot
JA: I'm an assistant to the Family Lawyer. I work with them to help customers like you.
Customer: are you a humna human person or robot
JA: It makes me sad that you don't believe in me. Maybe I'll be like Tinkerbell and die unless you believe I'm real.
Customer: i asked about student loans not mortgages
JA: Have you talked to a lawyer yet?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 9 months ago.
Category: Family Law
Expert:  LegalGems replied 9 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  LegalGems replied 9 months ago.

Thank you for your patience; unfortunately the legislature has deemed that a claim for reimbursement cannot be made; here is that statute:

Sec. 3.409. NONREIMBURSABLE CLAIMS. The court may not recognize a marital estate's claim for reimbursement for:

(1) the payment of child support, alimony, or spousal maintenance;

(2) the living expenses of a spouse or child of a spouse;

(3) contributions of property of a nominal value;

(4) the payment of a liability of a nominal amount; or

(5) a student loan owed by a spouse

A prenup or postnup can allow for reimbursement:

ec. 3.410. EFFECT OF MARITAL PROPERTY AGREEMENTS. A premarital or marital property agreement, whether executed before, on, or after September 1, 2009, that satisfies the requirements of Chapter 4 is effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both, under this subchapter to the same extent the agreement would have been effective to waive, release, assign, or partition a claim for economic contribution, reimbursement, or both under the law as it existed immediately before September 1, 2009, unless the agreement provides otherwise.

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Expert:  LegalGems replied 9 months ago.

Hello again; just checking in to see how things worked out;
if you have further questions please don't hesitate to reach out to me here on Just Answer.
Thanks!

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