If I was not married when I got my personal student loans, but am now, the companies can’t hold my husband responsible for paying back the debt too, c

Get Legal Help Today

 Secured with SHA-256 Encryption

If I was not married when I got my personal student loans, but am now, the companies can’t hold my husband responsible for paying back the debt too, c

i took out some personal student loans before I was ever married. Now I am married and they are trying to come after me for the debt I owe. are they able to hold my huband responsible for the debt as well. I am not working, but he is and I’m afraid they might be able to take money from his check to pay the debt. Can they do that?

Asked on June 9, 2009 under Bankruptcy Law, California

Answers:

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

Answered 11 years ago | Contributor

California Family Law Code Section 910(a) provides:

Except as otherwise expressly provided by statute, the community estate is liable for a debt incurred by either spouse before or during marriage, regardless of which spouse has the management and control of the property and regardless of whether one or both spouses are parties to the debt or to a judgment for the debt.

The liability of community property extends to contracts entered into by either spouse during marriage, to torts of either spouse during marriage, and to most pre-marriage obligations of either spouse.

So to answer your question, yes they can hold him responsible for your debt and can garnish his wages.  Additionally,  they can obtain a judgement against you and proceed to attach marital assets for satisfaction of that judgement.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption