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How do i convince my fiance that he will NOT be responsible for my student loan debt once we get married

San Luis Obispo, CA |

I have spoken to financial attorneys about this and have asked online several times and I always get the same answer...NO he will not be responsible for my past student loan debt, nor will they garnish his wages or attach his checking or savings account. I was told that if we keep separate accounts and do not co-mingle our money, then he (and his inheritance from his dad ) will be untouchable. He thinks they(lenders and IRS) will wonder how I am paying my monthly bills since I do not work and go looking for the source of any money I deposit in my ckng acct. How do I convince him that he will be safe from this?? I've told him the whole California community law thing and he still does not believe me. Willing to make appt so this is settled!!

I have read him all the answers here, he says I left out information,here goes.. 1) He has supported me for the last 7 years, after I lost my business and filed BK. 2) He pays the rent, auto ins, food etc. 3) I am on his auto insurance which somehow he feels will cause them to come after him,(??) 4) He writes me checks for the money I deposit in my acct. in which i pay some of the bills with (utilities and my credit card bills) OK SO I GUESS ALL YOUR ANSWERS GOT TO HIM, I AM NOW PLANNING A SMALL WEDDING IN DECEMBER!! THANK YOU ALL SO MUCH!! YAY!!!!

Attorney Answers 4

  1. Best answer

    You may be missing the point. Why is it that you are so steadfastly looking to convince him and he is not equally as eagar looking for the answer or the solution to eliminate this concern. Attorneys are not psychologist. Three simple rules:
    1) Don't take out joint debt so he controls his indebtedness and future default could expose his assets.
    2) Don't put his money into joint accounts since any funds placed in there by him would be considered yours also.
    3) Don't put his money into joint property since it can be levy liened or garnished.
    It is unfortunate that he is concern about his money more than your marriage. It is more unfortunate that you are looking for the solution and not he. Sorry to be so blunt.

    This answer in no way creates an attorney-client relationship. The answer is not a complete answer and requires additional facts in order to provide the best options. The submitter accepts the risk of relying on such an incomplete answer and waives any claims of damages for doing so. As stated in the answer the submitter should contact a qualified bankruptcy attorney is discuss these issues further before any action is taken. Any action taken without advise and counsel of a qualified attorney is inadvisable.

  2. Once he deposits money into your account it becomes your money. In MO, i could foresee circumstances in which one of your creditors might depose you & learn of the source of these gifts & conceivablly [attempt?] to depose him.

    On learning the funds are his separate property, the lender/IRS does not have a means--again I speak of MO--to force the spigot to be turned on to slake the thirst of your creditors.

    One MO exception:the doctrine of necessities (a/k/a "necessaries), but that was not part of your recital of facts.

    Have him talk to the atty alone, if you can get him to go...

  3. Forgive me for being blunt with you, but I think you have mis-characterized the problem. Your fiance is sufficiently sophisticated to have identified the issue, and to have defined concerns that remain after learning of the advice that you have received. He is not posting here about how to insulate his assets from your creditors, although he may well have privately sought legal or financial advice on the issue. It seems clear to me that he is not prepared to marry you at this moment, and this "reason" is as good a statement of that as any. So, there isn't much that an attorney or financial planner -- here on Avvo or even privately consulted -- can do for you.

    I suggest that you back-off of the issue and let things evolve between you. When (if) he really wants to get married, he will be willing to accept and rely on the legal advice and planning that will resolve his concerns.Until then, you are fighting on a false front.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice. I give legal advice only in the course of an attorney-client relationship. Exchange of information through Avvo's Questions forum does not establish an attorney-client relationship with me. That relationship is established only by individual consultation and execution of a written agreement for legal services.

  4. Any financial circumstance can be worked through if he was serious about getting married to you by a good financial planner. Any. He is not a co-signer on the debt and there are simple precautions to that that will make sure he is 100% protected; there is simply no reason for him to worry about it.

    If he is more worried about an extremely slight and easily-mitigated risk to his inheritance than making you happy by marrying you, perhaps you two should have a more wide-ranging discussion about your future?

    The information provided here should not be taken as a substitute for legal advice from retained local counsel. Mr. Basmaji does not intend to create nor does he consent to a formation of an attorney-client relationship with anybody, including the question poster, just by virtue of posting information on this website. If you are in need of legal advice, you should consult and retain local legal counsel.

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