Student loans and marriage

[diane79 14]

I just found out my fiance, who is studying an MBA and he's about to finish it, has an student loan around $80,000. And I guess he will start paying for it next year

My concern is, once we get married, will I be legally responsible for this loan too?

[Boiler 43,392]

Would depend on your State laws. Usually it is debt incurred during marriage.

[Chris&Angel 5]

You Fiance is legally responsible for any debts incurred before the marriage, so technically the answer is no. Read up on Estate planning, for better clarity and what if's/possibilities?

[VOL 425]

You may want to check into a Pre Nup. That way in the future your and his credit report should remain separate in the future...

[diane79 14]

You may want to check into a Pre Nup. That way in the future your and his credit report should remain separate in the future...

wouldnt it affect me when i ask for the permanent green card?

[novedsac 355]

You won't be legally responsible for the loan. It will be considered as pre-marital debt and most likely, depending on the jurisdiction, be discharged solely upon him in the even of a divorce. However, if he defaults on the loan while married, then a lien may be put on joint assets which very well could effect you.

[aaron2020 11,651]

Novedsac is correct.

The student loans are his. They will never be your debts. However, lenders can go after community assets because when you share, what's yours is his in a community asset.

[aaron2020 11,651]

wouldnt it affect me when i ask for the permanent green card?

Not at all.

Debts are never a problem for a green card. The US only looks at income and assets on the I-864. The US does not care about debts.

[VOL 425]

Novedsac is correct.

The student loans are his. They will never be your debts. However, lenders can go after community assets because when you share, what's yours is his in a community asset.

This is where a pre nup shines like a diamond.

Lenders or even in case I am a aware of, An ex wife and her lawyers tried to get more child support from my nephew when he married his wife from PHilippines. The judge said her assets can't be used in determination of child support or to raise child support since his household income increased.......

[aaron2020 11,651]

This is where a pre nup shines like a diamond.

Lenders or even in case I am a aware of, An ex wife and her lawyers tried to get more child support from my nephew when he married his wife from PHilippines. The judge said her assets can't be used in determination of child support or to raise child support since his household income increased.......

A prenup does not stop a lender from coming after community property.

A stepparent's income is rarely used to calculate child support. This has nothing to do with a prenup.

This is where a pre nup shines like a diamond.

Lenders or even in case I am a aware of, An ex wife and her lawyers tried to get more child support from my nephew when he married his wife from PHilippines. The judge said her assets can't be used in determination of child support or to raise child support since his household income increased.......

A prenup does not stop a lender from coming after community property.

A stepparent's income is rarely used to calculate child support. This has nothing to do with a prenup.

[diane79 14]

thanks for ur responses. i thought that for the green card, they will check if we have things in common, like bank accounts, mortages, joint taxes, etc. and if they see we dont, they can take it as a red flag and the green card could be denied.

he also has a 15 year old daugther living with him, and of course im kind of worried bc of that. bc i dont know that if we get divorce (not my plan but we never know) or i die, they will get the things i could get working hard.

[diane79 14]

A prenup does not stop a lender from coming after community property.

A stepparent's income is rarely used to calculate child support. This has nothing to do with a prenup.

A prenup does not stop a lender from coming after community property.

A stepparent's income is rarely used to calculate child support. This has nothing to do with a prenup.

So, u mean. lets imagine i did the prenup, I or we, somehow, buy a house and my fiance (husband by then) doesnt pay the student loan. Can they take the the house out of us?

[aaron2020 11,651]

So, u mean. lets imagine i did the prenup, I or we, somehow, buy a house and my fiance (husband by then) doesnt pay the student loan. Can they take the the house out of us?

Yes if community property money is used or you own it as community property.

Your prenup means nothing to third parties. It's an agreement between the two of you. It does not bind third parties.

Edited May 23, 2015 by aaron2020

[belinda63 2,981]

A prenuptial agreement, depending on the terms the two of you decide on, usually protects what you own prior to the marriage and what he owns prior to the marriage. Anything acquired after the marriage is considered joint property. So anything you bring to the marriage keep it separate from his joint accounts and it is safe. Anything you make or purchase after the marriage is considered to belong to both of you and the creditors can come after it, such as a lien on a jointly owned home or vehicle.

If you divorce a pre-nup will give each of you what you had prior to the marriage and anything else you agreed on in the pre-nup. Anything acquired during the marriage will be split between you by the court.

If you die most, if not all, states give the surviving spouse 50% of what you have in your estate except for what was acquired prior to the marriage and listed in the pre-nup.

[diane79 14]

so, a prenup wont work for me since i wont bring anything to the marriage since i dont have anything in the usa, in fact, i havent arrived yet.

I dont know what to do, I dont want us to have a debt for 10 or 20 years. I would love to buy a house someday, and having this loan will be already a problem, and i dont know if we will able to get the house. also, he told me i could study there, thats why i didnt do it here, where is 100% free, and now,i see i wont be able to study up there either bc i dont want more loans to pay. im really sad for this last thing, bc studying was something i really wanted to do.

anyway, i was thinking, and i dont know if its ok, i ws thinking of once i start working, use 100% of my salary to pay his loan, and we can live from his salary. doing that will help us to finish the loan sooner, so we wont have debts, and maybe later we could think of buying a house, having kids, etc.. although i know it will be late for us, im almost 36, and he's 44