student debt by state
Question about debt incurred by spouse prior to marriage?
My spouse took out a student loan years before we met and got married. The loan is in my spouse’s name only, and (to reiterate) was taken out before we knew each other.
My spouse defaulted on the loan when they were unable to make the payments. Flash forward several years to today. The issuer of the loan is threatening to place a lien on our house and is talking about wage garnishments and other threatening measures.
We live in a community property state (Iowa), but I have heard that a spouse is not responsible for a debt incurred in the other spouse’s name prior to the marriage.
Can the lender put a lien on our house under these circumstances? Could they attempt to garnish my wages?
Thanks in advance.
Iowa is NOT a community property state. There are 9 community property states: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.
http://www.escrowhelp.com/articles/20000114.html
As to your concern about having a lien slapped on a house that you and she own jointly, you might consider transferring title to you. See a lawyer for how to do it.
No, I don’t think they can garnish your wages because you aren’t responsible for debts incurred before marriage. I suppose they could garnish her wages. When you visit with the lawyer, ask about this also.
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