Do debts that are incurred before marriage become your spouse’s debts?

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Do debts that are incurred before marriage become your spouse’s debts?

My grandson is defaulting on student loan. I trusted him and co-signed. Now they are coming after me. My new marriage is breaking up because of this. This debt was incurred previous to our marriage of 5 years. Is my husband responsible?

Asked on June 15, 2015 under Bankruptcy Law, Pennsylvania

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, your husband is not liable for a debt that you co-signed for prior to your marriage. In fact, unless you live in a community property state,�he wouldn't be liable�for such a debt even�if you signed after your marriage. That having been said, to the extent that you may own jointly held assets, they could be at risk. Without more details�it is hard to say more. What you should do now is to consult directly with an attorney in your area; they can best advise you as to your situation.


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