Q: Am I responsible for my soon to be ex wife’s pre marriage student loan?
I live in Louisiana. My wife took out a student loan before we were married. Her maiden name is on the loan with her dad being a co-signer. We are 3 months into separation with her filing for divorce in August of this year. She is holding me responsible for paying this as she says she cannot afford it. She is also saying that they will start to garnish her dad’s check. To me it seems like she is abandoning this debt onto me. Am I responsible for paying this loan? Will this loan come out to get me if I refuse to pay it?
A: Your attorney needs to file to terminate the community immediately.
A: No, you're not personally responsible for any debt incurred by her prior to the marriage. However, if you don't have a pre-marital agreement (a prenup) then your income is community property until the community is terminated. You should speak with an attorney immediately to discuss this and how best to protect your assets.
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