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

UPDATED: Oct 1, 2010

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.

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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