Legal Question in Credit and Debt Law in California

Is my husband responsible for my student loans made before marriage

I made student loans in 2003 before we married. One private loan has gone into default. I got a new phone number and yesterday my husband received a collection call, supposedly from an attorney.

We married in 2005 , my name is on none of the personal property.

My concern is our banking accounts are in both names. Is there any way they can attach our savings or checking accounts ?

If so, would having separate accounts be wise?


Asked on 5/18/07, 4:02 pm

1 Answer from Attorneys
Benjamin Berger Berger-Harrison, A Professional Corporation

Re: Is my husband responsible for my student loans made before marriage

I believe that, to satisfy your separate property debt, creditors can reach your community property assets, after they've exhausted your separate property assets.

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Answered on 5/18/07, 4:09 pm


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