If your spouse dies with student loan debt are you then responsible for the debt?

When my husband was in college he accumulated a great amount of student loan debt, my name is not on the loans anywhere, will I be responsible for the debt when he sub-comes do cancer.

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Answer by MarkWatrous (729)

If the student loans were private, you will be on the hook. If the student loans were Federal, please call 1-800-4-FED-AID (1-800-433-3243). I cannot find the right answer, apparently, his Federal debt will be forgiven upon proof of death. However, I would call to make sure. If the loans were from a private lender, you will need to make arrangements.

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Reply by deanping (14):
The spouse would NOT be "on the hook" nor would the estate. Federally guaranteed student loans are forgiven if the borrower dies. No spouse is responsible for the other's debt unless signed to that debt. add a comment

Reply by malone (4817):
Federally guaranteed student loans are forgiven if the borrower dies. All federally guaranteed loans, regardless of who the lender is/was: banks, schools, regional lenders, etc. Proof of death is required, but that closes the matter instantly. Private student loans are NOT federally guaranteed. add a comment

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Answer by malone (4817)

You are NOT responsible for any debt for which you have not obligated yourself. Furthermore, student loans are forgiven upon the death of the debtor. You will have to submit a death certificate to the servicer/guarantor, but you are not responsible in any way nor is his estate.

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Answer by tamarawilhite (17883)

You will not be obligated but his half of the estate will be. You can, however, use life insurance proceeds to pay it off.

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Reply by malone (4817):
This is inaccurate. Federally guaranteed student loans (GSL/Stafford Loan) are forgiven upon the death of the borrower. Period. The estate, the spouse and/or surviving heirs are NOT responsible. A death certificate must be submitted, and the matter is then resolved. add a comment

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Answer by Anonymous

Ah, the joy of asking strangers for advice on the internet. Please speak to someone in person who is a professional in this matter, an estate lawyer, perhaps? If you have an accountant or a family attorney, start there. This sort of matter is not a "casual advice" issue...

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Answer by Anonymous

The spouse absolutely should not have to pay. What if their husband was a doctor? Those loans would be enourmous and lets say the wife was a veterinary technician. She isn't benefiting from that degree and could never make enough money to pay it back. Ridiculous!

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Reply by malone (4817):
Student loan debt is forgiven upon the death of the borrower. add a comment

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Answer by Caenaise (165)

Generally, you are not responsible for his debt if you did not sign the note. If you were not married to him when he borrowed the money, it's unlikely that you would be liable for the debt. Since laws vary from state to state, you should consult an attorney.

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Reply by malone (4817):
Guaranteed student loans do not have a dual signature or a co-signer. The borrower alone is responsible. If the borrower dies, the debt is forgiven. This is all detailed in the lender disclosure as well as in the Higher Ed Amendments. add a comment

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Answer by britt01 (292)

If he received the loan before you got married, then no you are not responsible for the student loan debt.

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Reply by malone (4817):
No spouse is responsible for any debt to which he/she is not contractually obligated. A husband can open up credit card accounts until the end of time; the wife is not responsible unless she, too, is signed for the account. Student loan debt is forgiven if the borrower dies. add a comment

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Answer by jungleman (1)

pay as little as possible and then die -- your spouse will love you for it!

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Answer by Peggy7 (0)

I think that in case you’re not a co-signer then you aren’t responsible for this loan. But anyway, it’s better apply to an attorney to get to know it for sure. Student loans should be forgiven in case of death of the debtor. Peggy from PaydayLoans@

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