Is a spouse responsible for student loans taken out during marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a spouse responsible for student loans taken out during marriage?
I plan to go to graduate school and will need to take out large student loans. I am married now. Will my husband be responsible for these if I default? What if we were to divorce?
Asked on November 15, 2010 under Bankruptcy Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally, one spouse is not obligated to pay the bills of the other spouse. Exceptions to this be would if you lived in a community property state (which you don't); or if you co-signed for debt ans therefore obligated yourself for re-payment. However, to the extent that you co-own assets together, they would be at risk in the event of a default (for example, a joint banking account, joint tax return, etc).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.