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A legal question regarding divorce and student loans?

I unfortunately refinanced a student loan with an ex husband. My loan was approx. $2000 and his was for $97,000. We divorced in 07 and he did agree to pay the student loans in the divorce papers. He has since gotten close to default twice, and says he “just doesn’t want to pay them.” What can I do. He will not help me in any way to refinance my name off of them. He says he basically doesn’t care if its ruining my credit and it’s my problem so I should figure it out.
If I sue him for breach of the divorce contract, it still doesn’t mean he’ll pay. Can I sue the student loan company to take me off?
By the way, he’s an attorney. Yeah! That was sarcastic. Any help totally appreciated.

Wow! Thanks for the quick responses. This is what I’ve been told, since they are student loans they can’t be seperated. I’m wondering has anyone successfully got their name of an exes student loan?
And yes, back in time would be awesome, but unlikely.


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6 Responses to "A legal question regarding divorce and student loans?"

  1. Hmmmm..... says:
    If it is in the divorce, you should be able to have that shown to the company and have it seperated most likely.
  2. cgspitfire says:
    Call the company who’s holding the loan. When I divorced, all I had to do was provide a copy of the divorce decree showing that he had accepted legal responsibility.

    Good luck!

  3. monsieur says:
    Well, you could always go back in time and not marry him.
  4. mcgillvy says:
    Have you talked to the bank that you refinanced the loans through and shown them the divorce papers where it says that he agrees to pay the loans? If it is written in a legally binding contract, then he must pay them. I would sue him for breach and also fight to get your name taken off of the original documentation through the bank.


  5. eagle of the south says:
    well i would take his attorney @ss to court. the court should have had your name removed from the loan. so i would take him to court and
    have my name removed he has the money and he can have fun
    paying his bill. don’t let him destroy your good credit.
  6. Jim M says:
    I really doubt the student loan company is going to take your name off. But you could call and ask. And the court doesn’t have jurisdiction over them.

    I think you are going to have to hire an attorney.

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