Legal Question in Credit and Debt Law in Indiana
Ex-wife defualted on loan, I co-signed when married we are now divorced what are
When I was married I co-signed for my wife on a Student Loan. We are now divorced and she has defaulted on the loan. I have been making payments toward the loan to salvage my credit. Can I sue her? Can my name be removed from the loan now that we are divorced? What are my options?
2 Answers from Attorneys
Re: Ex-wife defualted on loan, I co-signed when married we are now divorced what
I agree with Mr. DuMond. The key question is who was to pay the student loan? You or her? And as Mr. DuMond said, if it's not clear in the divorce decree/property settlement, then you need to talk to your attorney about clearing that up.
Re: Ex-wife defualted on loan, I co-signed when married we are now divorced what
You need to review your property settlement agreement and divorce decree from the divorce to see if this loan is mentioned. If not mentioned, then go back to your divorce attorney and get it straightened out. You will probably be able to sue her for the student loan, but that could depend on the terms of your divorce. Good luck.
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