Interest from student loan debt

Get Legal Help Today

 Secured with SHA-256 Encryption

Interest from student loan debt

I had student loans for my undergrad before my marriage. I got married the same month I graduated. Shortly after my husband stopped working full-time and has been unemployed or underemployed during the last 12 years. As a result, I could not make my student loan payments and deferred them for 9 years which amounted to a huge amount of interest. Essentially, my original loan amount doubled. I understand I am responsible for my original loan amount pre- marriage but is my husband in any way responsible for the interest accrued? My degree has supported our family of 6 during that time.

Asked on August 12, 2019 under Family Law, Oregon

Answers:

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

Answered 1 year ago | Contributor

Unless a spouse specifically agrees to be liable for a pre-marital debt (i.e. co-signs or otherwise guarantees its payment), then they are not legally responsible for such a debt. As for debt incurred dutng marrriage, that is a different matter.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

No, he is not responsible for them. This was a debt incurred prior to marriage (which is a critical fact), and one which we assume (since you don't state otherwise) he did not cosign or guaranty. It is, unfortunately, your debt alone, not his and that includes the interest as well as principal.


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