If my husband co-signed on his now ex wife student loans, can I also be held responsible?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If my husband co-signed on his now ex wife student loans, can I also be held responsible?
We paid off 3 loans for $17,000 which was supposed to be all of the student loans. We received 2 more yesterday and I was told that since I’m now married to him, they can garnish my wages as well. His ex-wife is not paying any of the loans back leaving it on us since my husband co-signed for her when they were married. We live in a community property state.
Asked on December 8, 2011 under Bankruptcy Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
You yourself are not personally liable for loans that your husband co-signed for when he was married to his former wife.
However, since you live in a community property state, one-half of your community property assets, including one-half of your wages would be subject to a wage garnishment in the event there is a judgment against your husband for these unpaid student loans that he co-signed for.
His recourse would be to have the former wife reimburse you all monies paid on her student loans.
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.