Charlotte, NC asked in Small Claims, Divorce and Family Law for North Carolina

Q: Can I get money back from my husbands student loans I paid off pre-divorce?

I paid off all my husbands student loans, most were from before we were married. He cheated on me so we are getting a divorce. Can I sue him for the cost of the student loans?

1 Lawyer Answer
T. Augustus Claus
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A: In North Carolina, the division of assets, including the repayment of debts, is typically addressed during divorce proceedings. However, the treatment of student loans can be complex, especially if they were acquired before the marriage. Generally, debts incurred before marriage are considered separate property, but the specifics can vary based on factors like commingling of assets or the use of marital funds to pay off the loans. If you used marital funds to pay off your husband's student loans, there may be arguments for reimbursement during the divorce proceedings.

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