May my husband be responsible for student loans that I took out to support us while I attended college?

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May my husband be responsible for student loans that I took out to support us while I attended college?

I have been married for 3 1/2 years and attending college our entire marriage. I also work full-time and at other times a second job. I was the breadwinner but had to maintain the house as well by getting student loans to pay for school and living expenses. Is my husband responsible for a portion of the debt?

Asked on October 1, 2010 under Family Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Unless he cosigned or guaranteed the loans, your husband is not directly responsible for the student loans. However, he could easily be indirectly responsible, in the sense that:

1)  If creditors come after you, they can come after not just any of your own personal assets, but your share of joint assets--such as your portion of a joint bank account.

2) If a credit check is done on both of you for some reason (e.g. buying a house), your credit--and the student loans therefore--will impact the check.

If you're asking about what happens in the event of divorce, it is *possible* that some portion of the loans could be attributed to your husband or that you might get some "credit" in dividing assets owing to having taken them out. That depends on the situation, such as how much your husband may have benefited from you going to school. That is something to discuss with a family or divorce attoreney, who can evaluate the entire situation for you.


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