Friday, April 30, 2010

Can you be held responsible for a spouse鈥檚 student loan?

My husband got his student loan years before we met. Now when speaking to the student loan company about repayment they are requiring MY financial information. I thought all debts outside of a marriage stayed with that person. Am I required by law to now pay this student loan just because I am married?Can you be held responsible for a spouse鈥檚 student loan?
The short answer is ';no.'; They can not require you personally to pay the debt. However, they can deduct the amount owed from any Federal Tax Refund, and some state refunds, depending on your state. Also, again depending on the state, they could put a lien on any real property you own. So indirectly, yes, you may have to pay for it. I wouldn't give them your financial information if the debt is not yours. Most defaulted student loans are sold off to collection companies who represent themselves as the government. BE CAREFULCan you be held responsible for a spouse鈥檚 student loan?
I don't think so because it was a debt aquired prior to the marriage,not during. It may depend on the state your in-the laws are different from state to state. They may also be asking to try and figure how much his paymants should be. They will combine your and his income to figur his debt-to-income ratio.
My wife is concerned about this as well (since she mentions it occasionally), but I'm not sure what the legal basis is of this except that while they may not sue you directly, they can sue your husband's estate (all he owns) which would take away from somethings that you may jointly own (like your house). That's how they get you.
YES, it's just like when you live with someone for years, then split up, any property acquired during that time has to be divided by a judge or natural agreement, and your required to get a real divorce, even though you never went through the motion of marriage, this in Texas, states very.
It depends on what you are doing. But in general, no you are not responsible. Even if he got the loan while you were married (they would consider you income for eligibility) you would still not be responsible. I would find out what they want your info for and request a copy of ';Rights and Responsibilities';. It will explain everything form making payments to deferments.
not if you were not married before the loan. It depends on who signed it basicly

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