Legal Question in Credit and Debt Law in Massachusetts
responsibility of spouse of loan cosigner
My mother co-signed a student loan for my brother that he is refusing to pay. She is being held responsible but wants to know if her husband(not related to my brother) can be affected by this. She believes she signed for it just prior(within 6 months) to their being married.
1 Answer from Attorneys
Re: responsibility of spouse of loan cosigner
The husband has nothing to do with the loan if he did not cosign. Marriage does not make spouses liable for each other's debts. That being said, if a judgment is entered against the wife, a bank account (If jointly held by both spouses) can be restrained and half the funds in it removed, there being a presumption that each spouse "owns" half the account. Try to resolve the matter by reducing the amount and paying it in installments.
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