Wagner v. Wagner
Premarital student loans are martial debts as they were consolidated with student loans incurred during the marriage and cannot be extricated.
Premarital student loans are martial debts as they were consolidated with student loans incurred during the marriage and cannot be extricated.
Pledge to charity is not a marital debt, even though the pledge constituted an enforceable obligation.
Excessive mileage fees for car lease is marital debt.
Law school debts were separate where divorce proceedings started one year after husband passed bar exam.
Trial court properly excluded contingent liabilities.
(1) Debts incurred after start of action do not reduce the marital estate. (2) College expenses for children over 18 is not a joint marital debt.
Trial court is powerless to order husband’s name removed from the mortgage.
Where husband paid $75,000 to parents just before commencement of divorce action, $30,000 was proper repayment of loan, but trial court properly found that the $45,000 in interest should be returned to the marital estate. No abuse of discretion in not ordering interest on the $45,000 for the time it was in husband’s parent’s possession.
Exclusion of contingent liabilities affirmed.
Failure of bank to give notice to wife that husband took out loan during marriage does not prevent bank from collecting from wife after husband’s death.