Q: I got my papers from a collection agency for my husband's student loans.
It's in default and we can reduce the payment. If I sign the papers am I on the hook if we divorce to pay it off?
A:
You shouldn't. If the student loans were his from before you married, then they're his separate property debt. If they were from during the marriage, they're still his. See CA Family Code section 2641.
The reality, however, is that because of community property law, it is possible you may lose some assets to your husband's student loans. For example, let's say you and your husband own an asset (e.g. a car) that you bought during the marriage. You can't cut the car in half and give your husband's half to the creditor. If the car is sold or seized, you may not get exactly half of it back.
A: It depends on what you're signing. Have a lawyer review the documents first. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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