How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask LegalGems Your Own Question
LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 9907
Experience:  Experienced Family Law Attorney
Type Your Family Law Question Here...
LegalGems is online now
A new question is answered every 9 seconds

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.


Post here please

No further questions?

kindly rate positively!

all information is legal

information only and

does not constitute

specific legal advice

or a particular course

of action. Thank you.

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.

Related Family Law Questions