Legal Question in Credit and Debt Law in California
My husband is going back to school by borrowing money from student loans.
If he dies (God forbid) am I liable for this student loan debts?
We have separate bank accounts plus a joint account and he will be responsible for this debt while he is alive. But if anything were to happen I want to know my rights.
Asked on 12/21/11, 5:27 pm
1 Answer from Attorneys
The debts will have to be satisfied out of his half of the community property. Whether the money is in joint or separate accounts does not determine whether or not it is community property. Whether it was earned during the marriage is what decides that.
Answered on 12/21/11, 5:41 pm
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