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To: Cogito Ergo Sum who wrote (66269)9/20/2010 3:35:47 PM
From: elmatador  Read Replies (1) | Respond to of 217757
 
Marrying debt: Will I be liable for my fiance's student loan debt when we are married?

How Debt Can Destroy a Budding Relationship. But as the couple got closer to their wedding day, she took out all the paperwork and it became clear that her total debt was actually about $170,000. “He accused me of lying,” said Ms. Eastman, 31, a San Francisco X-ray technician and part-time photographer who had run up much of the balance studying for a bachelor’s degree in photography. “But if I was lying, I was lying to myself, not to him. I didn’t really want to know the full amount.”

nytimes.com

My fiance currently owes $67k in student loans that he has defaulted on. His wages are currently being garnished. He only makes $38k per year and I make $85k per year. Will my property or wages be at risk for this debt once we are married?

Reply:
His wages are garnished because he was unable or unwilling to make arrangements with the servicer of the student loans. They sued him, got a judgment, a writ to execute a garnishment on his wages and now his employer in in the position of collecting for and paying to the Servicer. You did not guarantee the payments by your fiance to the lender, did you?
This is a liability before the marriage making it separate property debt. Your wages are not subject to the debt or court order.
I would recommend that you maintain a separate account to deposit your income into and do not commingle funds as the servicer could also attached any of his separate property to satisfy the debt.