Am I responsible for my husband’s loan in case we get divorced?

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Am I responsible for my husband’s loan in case we get divorced?

My husband wants to ask for a second school loan and is refinancing his pre-marriage student loan. If we divorce or he doesn’t pay for his loans, am I responsible for it in case that we get a divorce, he dies or he does not pay? We live in a community property state.

Asked on October 7, 2016 under Family Law, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Community property is income, property, debt acquired during marriage. Each spouse has a one half interest in the community property. 
Your husband's loans taken out during marriage are community property. If your husband defaults, you will be liable.
Separate property is income, property, debt acquired prior to marriage or after separation with no intent to reunite and/or divorce.  A spouse has no claim to the other spouse's separate property. 
Your husband's pre-marriage loan is separate property for which you are not liable. 
Your husband's loans after separation with no intent to reunite and/or divorce are his separate property for which you are not liable.
If your husband dies, you will be responsible for the loan if it was community property, but not if it was his separate property as discussed above.


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