How will my fiance’s student loan problem affect me?

UPDATED: Oct 28, 2011

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How will my fiance’s student loan problem affect me?

Due to my fiance’s student loan problem, there is a lien against any future property he owns. I have a house under my name only, he doesn’t own any real estate. I know that CO is a marital property state which is similar to community property. Can the lien gets attached to my house after we marry? If we are to buy another house under my name only, will the lien attach to that property? He is paying back to the government a small amount each month for 10+ years, will that amount increase because of my income after the marriage?

Asked on October 28, 2011 under Bankruptcy Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you and your fiance buy future property and title is placed solely in your name as your separate property, then your fiance's creditors would not be able to have any lien attach to the property so long as his name is not on it as record owner.

As to the house you own, if it is your separate property now, it will remain so for judgment collection purposes in the future so long as your fiance's name is not placed on record title to it.

As to whether the amount that your fiance is paying back on the student loan increasing due to marrying you is an unknown in that the written agreement that he has with his creditor would set forth what conditions would trigger any increase for him monthly.

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 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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