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Will I be held responsible for any debts or unpaid student loans my husband had before we were married?
My husband has unpaid student loans, (prior to our marriage), and unpaid fed taxes, (since our marriage). If we were to divorce, or if he were to pass away, would I be responsible for them?? Also, we are planning on buying a house on my credit. If something happens to him, can anyone take the house from me to pay his debt??
9 Answers
- ?Lv 71 decade agoFavorite Answer
Since no one here knows anything about how credit works judging from the answers you have received, I will try and clear this up.
If you husband dies or you divorce you would not be responsible for his student loans, if he dies his estate would be liable for paying them.
As far as the unpaid taxes yes you would be responsible if he dies. You both would be responsible if you divorce.
As far as the house goes, it depends on if you live in a community property State or not, they are AZ, CA, ID, LA, NV, NM, TX, WA and WI.
If you live in one of those States and your husband dies again his estate would be liable for all debts, but if there was not enough money in his estate to pay everything, the creditors could take you to court and get a judgment for the remaining debt, at this point they can attach bank accounts, garnish wages (if your State allows it) and file liens on any property you may own like cars, boats, land and homes.
If you live in one of those States and get divorced, the same could happen if the creditors can not collect from your ex-husband.
Source(s): Finance Manager for over 7-years / 2007 edition Consumer Action Handbook free at www.ConsumerAction.gov - Anonymous1 decade ago
You become responsible for each others debts as soon as you say 'I do.'
However should you get divorced and he still has outstanding debt from prior to your marriage, I can see the divorce agreement being worked out to include that as his alone to handle - the same would work if you each had seperate credit cards, you would be responsible for yours and he his.
Unpaid fed. tax... I would get that paid off before buying that house and since it sounds like you cant buy a house i would hold off on that too. And since you seem kind of set that something may happen to him, willfully or accidental... I think it would be best if you waited to see how things work out between you before assuming a mortgage and the additional debt it will bring.
You need to get your money in order before buying that house. Get yourself estabilished as a couple with your finacial means in check before making a huge house purchase.
But if your hubby isnt on the deed to the house, then the feds cant take it away, he will only sign as a consenting spouse. In the event that you divorce, he is still entitled to half of the house regardless if he is on title or not
- 5 years ago
3500$ does not seem to me to be so outrageously big. If you pay that monthly minimum required (of 150$ or so and add a maybe a 20$ or 30$), that amount will dwindle fast enough. Also the interest is always on the amount owed, so it will dwindle also. Another option would be to try to get a bank loan and pay the entire sum due with that. The bank loan is easier to manage and the monthly payment agreed upon may be more manageable, thought for a slightly longer term.
- tarie75Lv 41 decade ago
If you are going to buy a house with him, dont have his name on anything, like the loan or deed, or yes the federal gov can but a lien on it till back taxes are paid. As for student loans before you were married, then no there is nothing anyone can do to you.
- Anonymous1 decade ago
I don't know about the student loans, I paid mine but unpaid federal taxes...What are you guys nuts?
Oh yeah the government's coming for you on that one, as you put it (since your marriage) that little statement means it was a shared responsibility.
- 1 decade ago
Don't marry him until he squares away the tax issue. He needs to take care of his responsibilites.
- kidfreeLv 41 decade ago
Why are you even think about what would happen if you divorced? Maybe you have some other problems to discuss.
- Anonymous1 decade ago
most likely u will and if u have kids when u die they will be left with ur debt too