Am I liable for a student loan that my wife received 15 years before we ever met?

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Am I liable for a student loan that my wife received 15 years before we ever met?

My wife received a student loan in KY where is lived with her first husband during the time she attended college. She had been divorced for several years before we met. We moved to TX and were married which is where we now live. The debt is close to 20 years old and I had no idea of this loan before we married, am I liable for this debt?

Asked on March 20, 2011 under Bankruptcy Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The general rule is that debts incurred prior to the marriage remain with the spouse who incurred them.  In other words, the other spouse is not liable for the premarital debts of the other spouse. Spouses should keep separate financial records; they should do their best to use separate assets (as opposed to jointly held assets) to pay off any premarital debts.  That having been said, since community property laws differ from state-to-state, it is advisable for you to consult directly with an attorney in your area who can review the details of your case.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

The general rule is that debts incurred prior to the marriage remain with the spouse who incurred them.  In other words, the other spouse is not liable for the premarital debts of the other spouse. Spouses should keep separate financial records; they should do their best to use separate assets (as opposed to jointly held assets) to pay off any premarital debts.  That having been said, since community property laws differ from state-to-state, it is advisable for you to consult directly with an attorney in your area who can review the details of your case.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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