Question about student loans and equity buyout. In Arizona.
I am buying my partner out of our house. I also have about 100k in student loans that were taken out during our marriage to pay for rent/mortgage and medical bills when one of our children was born prematurely. We were married for 15+ years and it's been 8+ years since the last loan was taken out. It was all done with their consent.
My soon to be ex has indicated that they don't want to pay any part of my student loans, even though I can prove that they and the family benefited from them. I've asked that their half of my student loans be deducted from the equity that I am buying them out of in the house. Has anyone had any luck getting this approved by a judge if the other party disagrees?
They make more money than I do and I fear that if it doesn't come out of the buyout I'll never get a payment from them and because the loans are only in my name there's no repercussions for nonpayment. All other debts and assets are split equally.
I'm looking for precedent, not opinions please. #divorce #studentloans #homeequity #communityproperty #billietarascio #divorced
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