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


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 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.

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