Legal Question in Credit and Debt Law in California

Student loan debt and spousal liability

My wife has about $100,000 worth of student loans which she incurred while single. The loans became due months before we were married, but she has defaulted on them while married to me. The government backed loans are not in default, because of multiple deferments and forbearances, but the one private loan has filed a lawsuit, but not served her yet. I want to know if I am in any way liable for her debts. She is not working and I barely make enough money to support us. I am afraid they will somehow find out she is married, attach my wages and put a lien on the house. Can I protect myself or do we just wait for them to come?


Asked on 1/02/01, 10:06 pm

1 Answer from Attorneys
Ken Koury Kenneth P. Koury, Esq.

Re: Student loan debt and spousal liability

You cannot be held responsible for the debt incurred by your wife prior to the marriage. However, your wife's share of community property could be applied to the debt.

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Answered on 1/05/01, 12:46 pm


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