Married couples share not only their assets but their debts as well. Thus, if your fiance carries a considerable amount of student loan debt, its natural to have concerns about your ability to pay off those debts as a couple. Marriage, however, does not automatically make you legally liable for your fiance's outstanding student loan debt.
Legal Responsibility
Regardless of whether your fiance continues to make payments on the debt after you marry or whether you pay the debts off as a couple, legal responsibility for paying the loans lies with your fiance, not you. The lender can only pursue the individual named as the responsible party on the loan documents. Because you were not a party to the loan, the lender cannot pursue you for payment. After marriage, your status as a spouse does not alter your liability for the loan. Even if your fiance were to incur student loan debt after your marriage, provided she did so in her own name and you did not live in a community property state, she would be the only party responsible for payment.
Community Property States
All community property states differ when it comes to debt liability laws. In general, any assets either you or your spouse accrue over the course of your marriage belong to both of you equally. Using this statute, some creditors argue that debts should also be the equal responsibility of both parties and pursue the debt accordingly.
Community property laws, however, only applies to debts and assets incurred during the course of the marriage. Thus, upon your marriage, you do not assume liability for repaying your fiance's previously accrued student loan debt even if you live in a community property state.
Refinancing
If your fiance chooses to refinance and consolidate her outstanding student loans, yet does not have the necessary income or credit rating to do so, acting as a co-signer can help her qualify but leaves you liable for the payments. As a co-signer, you agree to pay off the student loan debt your fiance owes in the event that she stops sending payments. This makes you automatically liable for the full remaining debt. Should you act as a co-signer, you are immediately responsible for the loan balance, whether you eventually marry your fianc or not.
Financial Concerns
Although a lender cannot hold you legally responsible for repaying your fianc's student loans after you marry, your fiance's failure to make the payments affects both of you. Should the lender sue her after you marry and pursue a wage or bank account garnishment, your household income will suffer. Unpaid creditors also reserve the right to place liens on property you share, such as a home or vehicle. Thus, while you do not assume legal responsibility for your fiance's student loans after marriage, not paying them has an adverse impact on both of your lives.
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