Student Loan Quickie Question.

Zephos

I'm actually just curious to settle a bet... but...

If i have student loan debt, and I get married, does that debt carry over to my spouse? or in that sort of situation does the debt remain the sole legal responsibility of the borrower?

(or am i completely off base all together hah?)

Daenris

If you take out a student loan before marriage, it is not the responsibility of your future spouse. If you take out a student loan during marriage, it depends on where you live -- in some states it would be considered both your responsibility, and in other (most) states it would still only be yours.

In the event of death, it depends on what type of loan. Most federal loans I believe are discharged upon your death. Private student loans would likely come due upon your death which means they'd try to collect from your estate/assets.

kaliyama

Daenris is wrong. Depending on the state, creditors can reach your spouse's marital income to satisfy your pre-marital debt.

Daenris

kaliyama wrote: »

Daenris is wrong. Depending on the state, creditors can reach your spouse's marital income to satisfy your pre-marital debt.

Can you cite where this is the case? Admitedly, I'm just basing it off general website info, but they agree that pre-marriage debt is not the responsibility of the spouse (even in community property states). In community property states, if you take out a student loan in your name only after you're married, it is the responsibility of both spouses.

kaliyama

In CA. All community property is liable unless you keep it in a separate account w/no right of control or access by the other spouse. I'd give you a better cite, but i'm just getting a bunch of pro se litigant schlock in google and i don't have free lexis right now. You're definitely right in most states, but if someone else was looking at this thread i'd caution them to do their due diligence on state-spcific rules before putting a ring on it .