Legal Question in Consumer Law in Michigan

If I co-sign for a student loan and become deceased, will my spouse be liable for this debt if the payment becomes deliquent..?


Asked on 8/27/09, 3:21 pm

1 Answer from Attorneys

Audra Arndt Audra A. Arndt & Associates, PLLC

Your spouse is liable if he's on the loan, whether as primary or secondary. If you are asking whether he will be responsible simply because he is your husband, then the answer is NO. it is always no. People do not become responsible for other's debts simply due to marital bonds.

Your financial obligations end when you pass away. However, if you have assets that are not held jointly at the time you pass, then your creditors can seek to have that money used to pay off your debts when you pass away. For example, say you have a Ford Taurus that is paid in full and is worth $4,000. It's titled in your name only. You die tomorrow. That car is part of your "estate" and would go to your natural heirs. However, it is not protected from creditors. If you had the title of your car in your name and another person's name, then the car automatically becomes the property of the other person when you pass away and is not subject to the probating of your estate and cannot be attacked by any creditors.

You should consult with an estate planning lawyer to maximize the transfer of your assets and to ensure that your intentions are properly evidenced in estate planning documents.

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Answered on 9/02/09, 5:57 pm


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