Legal Question in Family Law in California
Fiance has student loan debt in default
My fiance has defaulted student loans. For personal and financial reasons, he is hesitant to make payment arrangements for the debt (it is large).
I love him yet do not want to legally marry until some sort of solution has been found. I am already a motherand property owner. I want to protect my credit too.
Some of his default notices say that they can put a lien on any property he owns. I am worried because I know that CA is a community property state. If we marry, the property is half his even if we don't put his name on the deed.
My question is, is there a way to enter marriage and legally keep our debts seperate/protect my assets obtained before the marriage so that if these student loan people litigate, they cannot touch the property or my seperate accounts/credit (we plan to keep all of our credit info and accounts seperate)?
Thank you.
1 Answer from Attorneys
Re: Fiance has student loan debt in default
You can have an attorney prepare a prenuptual agreement to protect yourself. California community property law let's you keep your separate property separate. I'd be more concerned that he is going to need all of his earnings to pay his debts and you will end up providing him with a free place to live. I'd ask him to come up with a plan to show how he intends to retire these debts. Perhaps some period of time should be set for him to demonstrate that his plan is workable before you take the plunge into marriage. It may not sound very romantic but high debt will torpedo even the most loving relationship.
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