Wednesday, May 26, 2010

I live in Montana. Am I in anyway responsible for my husband's student loan that is 20+ years o

My spouse and I married in 10/2004. I just found out he owes a defaulted student loan. Can they take my wages? Do I owe this if he should die?



I live in Montana. Am I in anyway responsible for my husband's student loan that is 20+ years old?

If you file joint taxes, they can take the whole return.



Also, any creditor either of you have, can come after the other party if one were to die.



I live in Montana. Am I in anyway responsible for my husband's student loan that is 20+ years old?

I'm not 100% positive on the answer but I doubt that you are responsible for his loan. Your name is not associated with it. So, they won't garnish your wages. However, if you file a joint tax return they can and will take the money from your income tax refund since his name is on the refund also. I've known several people who have had their refunds taken by the government to repay their student loans. I'm surprised they haven't done that to your husband yet. I don't know the answer if you're responsible for his debt should he die. I do know that most times the spouses debts do fall to the surviving spouse to pay after death but I don't know how it pertains to student loans.



I live in Montana. Am I in anyway responsible for my husband's student loan that is 20+ years old?

You need to check on the loan, if he defaulted and it is still within statute to collect, he owe it.



If it is out of statute, you must answer a request for payment. If it is beyond statute, you can write them and tell them they have no right to collect the debt. If it is a valid debt, you married him, you married the debt.



You need to check it out.



I live in Montana. Am I in anyway responsible for my husband's student loan that is 20+ years old?

If he dies, you aren't responsible for paying it back.



See link here: (don't do anything rash, ok?) ;0)



http://www.ed.gov/offices/OSFAP/DCS/loan...



If you file joint taxes, they will take any refunds he gets. I wouldn't count on that 600 per person refund in May. Sounds like you need to have a serious talk with your spouse about him getting a second job so this doesn't effect you and your kids. They won't take your wages, but they can take his.



Good luck

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