If I live in a community property state and marry someone who has a large student loan debt, will I be responsible for this debt when he dies?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I live in a community property state and marry someone who has a large student loan debt, will I be responsible for this debt when he dies?
The student loan is so much he said that it will still be with him until he dies.
Asked on July 15, 2012 under Family Law, Arizona
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
There is not a yes or no answer to this question as the facts surrounding the matter will help govern the end result. Marital debts are debts acquired during a marriage. But if a party used their education to further your lifestyle and larital assets acquisition then a court could allocate some of that debt to both of you. Please speak with some one, preferrably before you get married. Good luck.
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Good question. Since the debt exists before you marry this person who has this large student loan, you would not be liable for it since it is a "separate" debt and not a debt incurred during your marriage.
However, potentially assets incurred during the marriage which are not separate property assets but marital assets could be subject to repayment on a judgment against the person who owes this large student loan.
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.