Legal Question in Credit and Debt Law in California

Re: Garnishment for Student Loans

The debt is a separate property debt, means that it was your fiancee who undertook it before you were together. Things that are "community property", both assets and debts, are things undertaken from the time you are married until the time you legally separate. So, the short answer is, they shouldn't be able to. However, I recommend that you make sure this gets dealt with at some point BEFORE you get married so that you know what to expect. The fact that you are married, and that income and bills (all of which you will be a part of) are considered when garnishing, means that even if they are not garnishing your wages, you will be affected greatly. Get it dealt with somehow so that garnishing is not necessary. Consider debt counseling, if possible.