Legal Question in Credit and Debt Law in California
Will Marrying Me Make Him Liable For My Defaulted Student Loan
I am a single female with a $30,000 student loan that was previously in default. About 10 mos. ago, I agreed to make payments of $400/mo. In addition, EdFund has dibbs on any tax refund I may have coming to me-so every year that I would have had a refund check from the IRS, it goes, instead, straight to EdFund. I am worried that if I get married, I will be placing this financial burden on my spouse. If I do get married, will my husband assume joint responsibility for this debt, and will he have his annual tax refund check forwarded to EdFund as well?
3 Answers from Attorneys
Re: Will Marrying Me Make Him Liable For My Defaulted Student Loan
Yes, he could be liable for your debts from before marriage. However, they could not attach his earnings or a separate bank account. Generally, in this situation, the only time this would become an issue is if one of you died. The other person's estate could be liable for those debts.
As far as your tax refund, you may want to consider changing your deductions so that not as much money is withheld. This will create a situation where there is no tax refund for the IRS to keep.
Finally, depending what the interest rate is on the student loans, you may want to consider some kind of refinance. Perhaps with an equity line on your home. This will allow you to deduct interest and not worry about your tax refund, etc.
Good luck.
Re: Will Marrying Me Make Him Liable For My Defaulted Student Loan
Your future husband will not be liable for your seperate debt. However, any community funds can be used to pay separate debts of a spouse.
Re: Will Marrying Me Make Him Liable For My Defaulted Student Loan
No, he is not liable.
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