What happens with student loans and the division of debts in a San Diego divorce? How are assets and debts characterized and divided during a divorce? The division of community property is a complex process in many San Diego divorce cases. Generally speaking, property and debt acquired before the marriage is considered to be “separate” from the community assets of…
Student Loans
Student loans in a California Divorce
Student loans in a California divorce are treated differently than other debt or liabilities incurred during the marriage. The traditional analysis considers all debt incurred during the marriage as community in character which results in each party equally sharing the responsibility of repayment upon divorce. Student loans are treated differently. The California legislature, in response to an appellate court case…