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?

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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 9 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 9 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.


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