I would seek the advice of a laywer to get the official answer as this
can have further reprecussions than a mortgage. Please understand
that this comment is from previous experience and readings on my own
part and do constitute an official answer.
The short answer is no, you should not be responsible for your spouses
student loans as long as you have not co-signed or consolidated the
debt. However, you husband most probably has a very poor credit
rating which will affect a lot of things. If both of you are on the
mortgage application, then it may limit your interest rate options and
total loan amount. If the bank is not punishing you for the bad
credit, then no worries on that. The thing to worry about is if
creditors do come after him, anything that he owns may be up for
grabs. For example, the creditors may want half the house which then
you may have to pay to avoid having to sell your house. Typically
(and it may vary by state and type oe student loan), student loan
creditors cannot go after the spousal assets, but they can ask for the
portion owned by the debtor.
The long view is that his bad credit may affect your long-term credit
rating insofar that they may consider both person's ratings for future
debts (line of credits, etc). Also, if he were to get a lien on the
house, then the house is at risk.
The end of it, go to a financial advisor/laywer and ask about your
options. I would be a little concerned about his unwillingness to pay
off the loan as it may come back to haunt him (and you). |