Is a spouse responsible for student loans taken out during marriage?

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Is a spouse responsible for student loans taken out during marriage?

I plan to go to graduate school and will need to take out large student loans. I am married now. Will my husband be responsible for these if I default? What if we were to divorce?

Asked on November 15, 2010 under Bankruptcy Law, North Carolina

Answers:

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

Answered 10 years ago | Contributor

Generally, one spouse is not obligated to pay the bills of the other spouse. Exceptions to this be would if you lived in a community property state (which you don't); or if you co-signed for debt ans therefore obligated yourself for re-payment. However, to the extent that you co-own assets together, they would be at risk in the event of a default (for example, a joint banking account, joint tax return, etc).


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