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How and what gets divided.?

Can college loans get divided in Iowa court when you took classes during marriage on her request?

She wants to split the house bill she wanted but wants to keep all "her" money. She spent all "our" money. I figured if she wants to split we should go the full nine.

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  • 8 years ago
    Favorite Answer

    Divorce laws differ from state to state, and how your debt will be divided depends largely on where you live and whether you live in a Community Property State or an Equitable Distribution State.

    There are nine Community Property States: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. Couples living in Alaska can “opt in” for community property, and Puerto Rico is a community property jurisdiction.

    The remaining 41 states are known as Equitable Distribution States (or Common Law States).

    In general terms, if you live in an Equitable Distribution State, debt that’s incurred during a marriage is the joint responsibility of both parties, provided both parties are co-signers on the account (mortgage, credit card, etc.). In other words, if your wife opened a credit card account in her name only, then only she is responsible for that debt.

    However,

    In Community Property States, both spouses are responsible, even if only one incurred the debt.

    Of course, once you and your wife have separated, the rules change. Any debt incurred after you separate is the sole responsibility of the person who made the charges. The wrinkle here is that “the moment of separation” varies from state to state. In some states, you need to legally declare a separation. In others, a legal separation is not required; you’re separated once you start living apart.

    "Can college loans get divided in Iowa court when you took classes during marriage on her request?"

    Again this depends on the state you live in. Seek legal council. The last thing you need is to be on the hook for debt that she should help pay off.

  • 8 years ago

    Yeah, everything provable and in the open, what's hidden or claimed spent isn't there in the eye's of the court, your lawyer has to dig for it.

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