Yikes! CL Ex Has $30K in Student Loans

[Unlucky7]

I'm currently in the process of splitting up with my CL wife of seven years. So far, things are going fairly smoothly (much better than I would've thought), but I'm a little worried about what might happen if things ever got ugly & we found ourselves in a court battle situation. Specifically, I'm concerned about being held responsible for some of the roughly $30,000 she owes in student loan debts.

She hasn't brought it up & I don't really expect her to, but I don't like the thought of suddenly having half of that debt handed over to me. The reason I don't like it is due to the fact that the debt itself is from way before the two of us even met. As we go through the motions of separating our finances, I'm wondering if I could legally be held responsible for helping her pay it all off simply due to the fact that we were commonlaw.

Has anyone been in a similar situation, & if so, do you have any comment or suggestions?

[standing on the sidelines]

I am thinking that it was totally her debt before so she should be responsible for it. Was there ever anything that tied your name to the debt after you were commonlaw. I am sure others can give you a better idea on it.

[FL_Needs_To_Change]

My understanding is that because this is a CL union, she is 100% responsible for her personal debt.
AND because this debt was incurred prior to the CL union this further establishes that the debt is 100% her responsibility. In CL unions ownership of both debt and assets is determined by who’s name it is in. When one marries then these debts and assets automatically become joint. No legal marriage, no joint ownership in the debt.
It would be the responsibility of the individual parties to show just cause for seeking joint ownership of an asset or debt. So it would be her responsibility to prove that the debt was incurred as a direct or indirect result of the union or subsequent separation.

[dadtotheend]

The mechanics of the equaliztion payment calculation will provide the debt is hers and that you will not be required to participate in it.

[mcr]

Anyone with thoughts on this:

my CL-ex (13 years, we have kids) started attending school during our 'last couple years' together (we were obviously not continuing the relationship, but lived together for financial reasons). She racked up over $50k in osap debt.

She constantly brings this up- saying I'd be responsible for half of this debt - while expecting me to pay for all kinds of extra expenses - even though I'm financially tapped out (living on a couch with half a closet for my stuff, while she has $ for trips, expensive gifts for the kids all the time, etc). To top it off, her parents gave her $30K to put to that debt which she spend mostly on a new bf bailing him out of prison, then on a wedding that lasted 30 days.


Thoughts? I really hope she can't hold half her school debt against me can she?

[FreeNow]

Anyone with thoughts on this:

my CL-ex (13 years, we have kids) started attending school during our 'last couple years' together (we were obviously not continuing the relationship, but lived together for financial reasons). She racked up over $50k in osap debt.

She constantly brings this up- saying I'd be responsible for half of this debt - while expecting me to pay for all kinds of extra expenses - even though I'm financially tapped out (living on a couch with half a closet for my stuff, while she has $ for trips, expensive gifts for the kids all the time, etc). To top it off, her parents gave her $30K to put to that debt which she spend mostly on a new bf bailing him out of prison, then on a wedding that lasted 30 days.


Thoughts? I really hope she can't hold half her school debt against me can she?

You are hijacking Unlucky 7's thread.

FN

[mcr]

Considering the last post was ~3 weeks ago, is it still hijacking? The topic is the same.. gee ;-)

[logicalvelocity]

Considering the last post was ~3 weeks ago, is it still hijacking? The topic is the same.. gee ;-)

It is but it isn't. Hows that for evasive.

Your topic is the same and to answer your question -- in my opinion you wont be held accountable for your former CL spouse student loans. Now nothing prevents your former CL partner from bringing forth an unjust enrichment claim. Again, your former CL has to demonstrate that you were unjustly enriched and its a heavy onus!

[mcr]

I'm not sure about the 'unjust enrichment' thing...

She took all household belongings... I got a computer, my clothes and a few basic tools.

We also did a 'rent to own' thing- her parents bought a house and we both contributed to the rent. Of course, she wrote the check to her parents (which I find out recently was $700 less than she always told me it was)... anyway, the amount 'we (she)' paid in rent came off the mortgage.... when the house sold, there was $50K in profit - which my ex took all of. I was laughed at when I asked for half...

The list goes on (and on, and on for years in our relationship), so I'm ready to defend myself on that topic, lol.

[logicalvelocity]

I'm not sure about the 'unjust enrichment' thing...

She took all household belongings... I got a computer, my clothes and a few basic tools.

We also did a 'rent to own' thing- her parents bought a house and we both contributed to the rent. Of course, she wrote the check to her parents (which I find out recently was $700 less than she always told me it was)... anyway, the amount 'we (she)' paid in rent came off the mortgage.... when the house sold, there was $50K in profit - which my ex took all of. I was laughed at when I asked for half...

The list goes on (and on, and on for years in our relationship), so I'm ready to defend myself on that topic, lol.

I don't think you have anything to worry about -- Take the wait and see approach. If it happens, deal with it then.


lv

[logicalvelocity]

I'm not sure about the 'unjust enrichment' thing...

She took all household belongings... I got a computer, my clothes and a few basic tools.

We also did a 'rent to own' thing- her parents bought a house and we both contributed to the rent. Of course, she wrote the check to her parents (which I find out recently was $700 less than she always told me it was)... anyway, the amount 'we (she)' paid in rent came off the mortgage.... when the house sold, there was $50K in profit - which my ex took all of. I was laughed at when I asked for half...

The list goes on (and on, and on for years in our relationship), so I'm ready to defend myself on that topic, lol.

I don't think you have anything to worry about -- Take the wait and see approach. If it happens, deal with it then.


lv

[Unlucky7]

Just jumping back into the thread to say that I have no problem with mcr or anyone else asking similar questions, so no worries there.

BTW, I'd edit the thread title to promote discussion on related CL debt questions, but I don't see that option on this particular board...