If myfiance has school loans, can I be forced to pay, either before or after our marriage,if she cannot?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If myfiance has school loans, can I be forced to pay, either before or after our marriage,if she cannot?
Her grandmother has already started paying the loan and is a co-signer. She is still pursuing her degree. They have had a falling out and now her grandmother wants to discontinue paying. She claims to be in contact with an attorney. She said that they would attempt to garnish my wages because she is not working and has no personal income.
Asked on July 21, 2010 under Bankruptcy Law, New Hampshire
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
1) If you are not a cosignor or guarantor of a loan, no body can garnish your wages for it--whether boyfriend, fiance, or husband. Your fiance's grandmother is simply wrong, as long as you have never signed anything taken responsibility.
2) Your fiance's grandmother, unfortunately (for her!) is still on the hook for the loan. Since she is a co-signor, if you fiance doesn't or can't pay, the lender can go after the grandmother for the money, whether she likes it or not.
3) If you do get married, be aware that if your fiance defaults on the loan, it will indirectly affect you. e.g. it will make it more difficult to get credit for major joint purchases, like homes or cars (or cause you to pay more); your fiance's income or personal assets could be pursued by creditors, meaning they'd not be available for the family.
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.