Any debt incurred while obtaining what’s considered marital property is most always categorized as marital debt. This means the student loan debt divorce agreement would deem both spouses responsible for repayment.
Is a student loan community debt?
Community Property States
When you borrow student loans before a marriage or after legal separation or divorce, they remain the borrower’s responsibility. … This is in contrast with separate property and separate debt which was acquired or borrowed before the marriage or after the divorce or separation.
Are you responsible for your spouse’s student loans?
Is a Spouse Responsible for Student Loans Incurred After Marriage? Whether you’re responsible for student loans your spouse took out after you got married is dependent on where you live. In most states, debt taken out during the marriage is the responsibility only of the person who is on the loan agreement.
Can student loans garnish my husbands wages?
The answer is yes. Your student loan creditors can garnish your spouse’s wages to recover the amount of your defaulted student loan. You don’t mention whether the loan was incurred before or after marriage. … Either way, the creditors can collect, but for different reasons.
Do student loans go away after 7 years?
Student loans don’t go away after 7 years. There is no program for loan forgiveness or loan cancellation after 7 years. However, if it’s been more than 7.5 years since you made a payment on your student loan debt and you default, the debt and the missed payments can be removed from your credit report.
Do student loans die with you?
Federal student loans will be discharged due to the death of the borrower or of the student on whose behalf a PLUS loan was taken out.
Can the IRS take my refund for my wife’s student loans?
If you’re married and you file taxes jointly, the IRS may take your entire tax refund regardless of whether your spouse has any student loan debt of their own. However, it may be possible to get your spouse’s portion of the refund returned to them if you file an injured spouse claim form (IRS form 8379).
Can student loans take my house?
If you are worried about the consequences of not paying your student loans and are wondering if a lender can take your house as a result, the short answer is yes. However, this outcome is extremely unlikely, and it takes a long time to get to that point.
Does your spouse have to pay your student loans if you die?
If you have federal student loans and pass away, your family can apply for loan discharge due to death and have the remaining balance forgiven.