co-signer on private loan - debtor choosing not to work
Date: Tue, 06/09/2009 - 12:00
co-signer on private loan - debtor choosing not to work
I co-signed a $45k private student loan back in 2000 for my then wife's MBA, now ex-wife. She has subsequently remarried, and has decided not to be a stay-at-home mom. However, I know her husband does work as a manager at a telcom company. I suspect that their house is in his name and not hers.
So, I have been informed that she will not make regular payments to the loan, if at all. My family is barely making paycheck to paycheck. Is there any way I can sue her husband for anything? I have two kids of my own to care for (not hers, we do not have kids in common). During the divorce, we specifically agreed (in the dissolution agreement) that she would be the sole owner to her students loans -- so they are in the divorce papers that she agreed to be responsible for them. I realize know that such dissolution agreements are ignored by debt holders. She is in California and I am in Arizona, if that makes any difference.
Are there any court cases that have attempted to address this topic?
Any help would be greatly appreciated since in my view she has nothing to lose and I have my credit and my family's financial well-being at stake.
Thanks,
Ed
Since this is the disolution agreement, you have grounds to haul
Since this is the disolution agreement, you have grounds to haul her back into court. See is living in a community property state so the courts might take that into consideration.
clarification
After re-reading my post, I meant 'She has subsequently remarried, and has decided now to be a stay-at-home mom'.
soaplady: do you know if there are any cases where the (current) spouse of the debtor could be sued if the debtor has no assets and is not working?
I dont know of any specific cases, but people do haul their ex s
I dont know of any specific cases, but people do haul their ex spouses back into family court for violations of the divorce agreements, You should probably consult with an attorney
I agree with Soaplady. I think you have the benefit of her li
I agree with Soaplady.
I think you have the benefit of her living in California which is a community property state. The fact that her spouse works and provides for the family may be taken into consideration that she has the means to repay the debt.
You have grounds to sue...I would contact an attorney ASAP!!
Good Luck!
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