Student loan debt for daughter

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Divorcing and splitting all assets including income from sale of house. The only debt we have is a student loan for our daughters education. The loan is in my husbands name only. He is willing to take that debt with him. Should I a) let him take the whole amount b) split it with him and pay off my half? If he takes the whole amount could it come back to haunt me later? The loan is in his name but is it considered marital debt?

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Posted by Anonymous
Asked on February 20, 2016 8:48 am
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Hello. Thank you for your question. Allocation of debt from a marriage typically happens in concert with the allocation of the positive value assets of the marriage. In a well-managed dissolution proceeding, all significant debts and assets would be included on a marital spreadsheet and the values allocated and potentially equalized with a cash payment. That doesn’t mean Colorado law requires an equal division of the equity of the marital estate. Rather Colorado law requires that the marital debts and assets be allocated equitably based upon a variety of statutory standards and considerations. Ultimately, the division of your estate will be up to you and your husband unless you and he cannot agree, then it is to the Judge’s discretion under the law. If your husband is generously offering to pay the student loan, you may ask if he wants anything in return for it. Ultimately, I recommend that you meet with a lawyer to review how your marital estate is being allocated as a whole. You would not need to tell him that you’ve had the case reviewed but you may if you think it would be helpful for him to know that you’ve received professional advice concerning your proposals for allocation of debts and assets. You have several questions which don’t have concrete answers, but an assessment with a lawyer could give your more information and advice from which you can make your own decision on the various issues you present regarding your daughter’s student loan.

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Posted by James Garts (Questions: 0, Answers: 0)
Answered on February 21, 2016 2:30 pm