Is a spouse responsible for student loan debt after death?

Cicero Durgan asked a question: Is a spouse responsible for student loan debt after death?
Asked By: Cicero Durgan
Date created: Wed, Mar 10, 2021 4:10 PM

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Those who are looking for an answer to the question «Is a spouse responsible for student loan debt after death?» often ask the following questions:

✔️ Does student loan debt transfer to spouse after death?

Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone. Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death.

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✔️ Who is responsible for student loan debt after death?

If the parent borrower dies, the government discharges the loan. The loan also is discharged if the student on whose behalf the parent took out the loan dies, eliminating the parent's obligation to repay the loan. However, parent PLUS loans have one borrower responsible for the loan; both parents cannot be on the loan.

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✔️ Is a spouse responsible for student loans after death?

Generally, a living spouse will not be held legally responsible for repaying student loans that belonged to the deceased spouse… A spouse might also be required to repay a deceased partner's private student loans if they reside in a community property state.

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Am I responsible for my spouse’s student loan debt after death? Again, it depends. No. Federal student loans are discharged if a borrower dies, while federal PLUS loans are discharged if the parent borrower or student dies. Yes and no. If you cosigned on a private loan with your spouse and they died, you may have to continue making loan payments.

A Spouse’s Student Loans Generally, a living spouse will not be held legally responsible for repaying student loans that belonged to the deceased spouse. However, there are some exceptions, such as when the spouse has co-signed the loan.

Of course, if you have a federal student loan or if the terms of your private student loan indicate that your student loan is discharged when you die, your spouse will not have to pay in any case. But if you have a private student loan that is not dischargeable upon your death, you live in a community property state, and you borrowed the loan after you were married, your spouse may be responsible.

If your spouse’s name is the only name on a student loan, and you did not cosign the loan, generally you have no obligation to repay the debt after your spouse dies.

If you die, your widowed spouse could be left responsible for paying off your student debt, depending on your state of legal residence and whether you borrowed the education loan after you got married.

In most cases you will not be responsible to pay off your deceased spouse's debts. As a general rule, no one else is obligated to pay the debt of a person who has died. There are some exceptions and the exceptions vary by state. As a general rule, no one else is obligated to pay the debt of a person who has died.

A surviving spouse is also responsible for repaying the student loan if they were listed as a co-signer on a refinanced or private student loan. The Department of Education states that federal student loans are safe from repayment liability in nearly all cases, meaning surviving spouses do not assume the debt.

A spouse is typically not responsible for student loan debt incurred before marriage. And that's usually true even if they live in community property states. (More on that below.) Both federal student loan debt and private student loan debt usually remain the borrower's sole responsibility if the student loans were incurred before marriage.

Fortunately, the answer is no—at least, not when it comes to the legal responsibility for the debt in marriage. Debt that exists before a couple gets married, including student loans, is “individual property” and remains the sole responsibility of the partner who initially borrowed it.

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Is a surviving spouse responsible for student loan debt cancellation?

If your spouse’s student loan debt was taken out in their name, you can’t claim to be the one responsible for it. In 2009, Elizabeth and James Garner made the decision to divorce. Garner, who is a business attorney, has over $300,000 in outstanding student loans.

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Is my spouse responsible for my student loan debt articles?

Typically, you aren’t responsible for your spouse’s student loans. However, there are some situations where you may be on the hook for them. There also may be better repayment options available to make paying off student debt easier on you both — like spouse student loan refinancing, for example. So let’s dive deeper into student loans ...

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Is my spouse responsible for my student loan debt cancellation?

No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married. Your spouse might help pay down your debt, but you’re the only one legally responsible.

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Is spouse responsible for student loan debt incurred before marriage?

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A spouse is typically not responsible for student loan debt incurred before marriage. And that's usually true even if they live in community property states… FYI: The federal government allowed married couples to apply for a joint consolidation loan to get into an affordable repayment plan.

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Does student loan debt transfer after death?

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Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone. Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death.

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Who inherits student loan debt after death?

The death of a student loan co-signer can cause problems as well. Some private student loan agreements include provisions for the lender to automatically put a student loan into default if the co-signer dies—even if the borrower is making consistent payments. The lender can then demand the payment of the full loan balance immediately, causing hardship for the borrower.

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When is a spouse responsible for loan debt?

Any joint debts you have will be treated by the lender as “jointly and severally liable”. Unfortunately, that means that if one of you can’t pay for any reason – including accident, sickness, abandonment or even death – the other partner will be responsible for the entire debt.

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Can student loan debt be transferred after death?

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Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone. Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death.

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Does student loan debt go away after death?

All federal student loans are dischargeable upon a borrower’s death, which is an important benefit of federal student loans. Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone.

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Does student loan debt pass on after death?

Your cosigner is typically legally responsible for your debt after you pass away, regardless of the type of loan in question. And, in some cases, cosigned debt repayment can be accelerated. “The death of the borrower or the cosigner can trigger default,” said Heather Jarvis, a lawyer and student loan expert.

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Does student loan debt transfer after death affect?

The answer might be different for student loans than how the other debt is handled after death, but it ultimately depends on the type of student loans you have. Federal Student Loans All federal student loans are dischargeable upon a borrower’s death, which is an important benefit of federal student loans .

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Does student loan debt transfer after death cause?

This includes protections for borrowers’ student loans after a death, as private lenders have no legal obligation to cancel or discharge student loans if a borrower dies. Some private lenders, including Sallie Mae, will discharge or waive the current balance of the student debt after a borrower’s death.

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Does student loan debt transfer after death count?

All federal student loans are dischargeable upon a borrower’s death, which is an important benefit of federal student loans. Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone.

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Is student loan debt passed on after death?

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If you have federal student loans and pass away, your family can apply for loan discharge due to death and have the remaining balance forgiven. Federal loan discharge for borrowers applies if you have any of the following federal student loans: Direct subsidized loans. Direct unsubsidized loans.

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Is a surviving spouse responsible for student loan debt and mortgage qualification?

Marrying someone with student loan debt won’t make you liable for their loans. No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married.

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Is my spouse responsible for my student loan debt and mortgage qualification?

Is your spouse responsible for student loans incurred before marriage? No. It’s a different story, however, if you cosigned for your spouse’s student loans before …

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Is spouse responsible for student loan repayment when spouse dies?

If your spouse’s name is the only name on a student loan, and you did not cosign the loan, generally you have no obligation to repay the debt after your spouse dies. The main exception is if you live in a community property state (Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin) and the loan was borrowed after the marriage but before death or divorce.

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Does fed student loan debt follow you after death?

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Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone. Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death.

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When does student loan debt get forgiven after death?

Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death. This same protection applies to parent PLUS loans, too. This student debt is discharged if the parent who owns these loans dies.

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Will student loan debt pass to relatives after death?

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Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone. Someone will need to provide proof of death to the student loan servicer managing the debt to get it discharged after death.

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Does spouse inherit student loan debt?

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All federal student loans are dischargeable upon a borrower's death, which is an important benefit of federal student loans. Federal student loans are not passed on to anyone in your family or even your estate. If you die, your federal student debt is instead fully forgiven and is no longer owned or owed by anyone.

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Does student loan debt affect spouse?

No. Student debt that you bring into a marriage remains your debt. Let’s say you have $30,000 in federal student loans and $40,000 in private student loans when you get married. Your spouse might help pay down your debt, but you’re the only one legally responsible.

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Is my spouse responsible for my student loan debt affect buying a house?

Is your spouse responsible for student loans incurred before marriage? No. It’s a different story, however, if you cosigned for your spouse’s student loans before the marriage. If you’re a cosigner, you’re legally responsible for the debt if the borrower stops repaying the loan, which can make you subject to: Collection efforts; Lawsuits; Judgments

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Who is responsible for student loan debt after a divorce?

When a married couple borrows student loans, the loans are considered to be the joint responsibility of the spouses if they lived in a community property state. When you borrow student loans before a marriage or after legal separation or divorce, they remain the borrower’s responsibility.

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Who is responsible for car loan after death?

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