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School Loan Debt

 
 
Reply Wed 1 Aug, 2007 12:33 pm
My fiancee and I have been together for over 10 years. 3 years ago I purchased a house solely in my name and pay for all the utlities since I make almost triple what he does a year. We live in Arizona. He has a delinquent school loan (from SD in the 1980's) where the government garnishes his wages. They also apply his federal tax refund to his debt yearly.

Does anyone know if we get married, if the government will be able to put a lein on my house or take other action against me since we live in a community property state? Are there any prenuptial contracts or other such legal devices that can protect my assets and credit rating from his debt?

I've tried to talk him into getting a new loan to pay off his debt and offered to work with him in making monhtly payments so that he can establish a better credit rating but I just want to make sure none of my personal assets will be impacted because he incurred the debt waaaaaay before I met him.

Any advice would be greatly appreciated! Thanks!
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Type: Discussion • Score: 0 • Views: 1,124 • Replies: 2
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Noddy24
 
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Reply Mon 27 Aug, 2007 07:50 am
Bump.
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MagicBlackCat
 
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Reply Tue 20 Nov, 2007 12:06 pm
Thanks so much for the bump Noddy! Wink




Just thought I would update everyone on what I found out in regards to my post above.

My state AZ is not a common law marriage state so therefore my boyfriend going on 11 years has no legal rights to my assests. The school loan people can attach his wages given the proper legal notifications but cannot touch anything I own. School loans are a special circumstance (in my state at least) and cannot cause a lein to be put on my house even if I put his name on the deed or we get married. They can continue to withhold his Federal Tax refund however. I have not checked into what happens if we file as married jointly in the future though.

The biggest impact his long term school debt will have on me is if we get married and apply for a loan or credit of some type. Undoubtly my credit rating will look favorable to lenders, but his will not and may likely cause a higher interest rate to be charged than if I were remain unmarried and apply for a loan myself. I'm thinking that this difference will amount to only a couple of thousand dollars over time so it may not be that big of an issue especially if we work on improving his credit rating and don't buy any big items on credit for a while.
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