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| Cal is right that you need professional answers. But here are my unprofessional ones. As I understand it, community property does not apply to assets and liabilities which existed before the marriage. Lenders would try to claim your half of the home but the first mortgage would have precedence. This assumes your home is community property. |
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| Granby[at]safe-mail.net wrote: - quote - > Just a couple of questions:
Granby, you are asking questions that really require a Law Degree,> I have a life insurance policy with my wife as the beneficiary. I > live in a community property state. I have substantial student loan > debt (70k) all incurred before marriage. I assume that my wife would > not be liable for that debt, is that true? Also, I have virtually no > assets. I do have a mortgage on our house (60k) of which very little > of the principal has been paid: although the property is probably > worth 120k or so. If my debt owners (student loan holding > institution) go after the estate could they only put a claim on the > value of what has been paid off on the mortgage at the moment of > death, or would they have a claim on the whole value of the property. > Thanks and License to be answered. I would suggest that you contact an Attorney in YOUR home State. He/she would be best able to provide PROPER answers to those questions. As to the Life Insurance contract (although I have not seen it), the "general law" applies, that in the event of YOUR death, that the proceeds would be paid to a "named beneficiary" who you state is your wife. Those proceeds (and I refer ONLY to them) would be protected from YOUR creditors. They could be subject to any claim by HER creditors if any. Cal Lester CLU |
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| Just a couple of questions: I have a life insurance policy with my wife as the beneficiary. I live in a community property state. I have substantial student loan debt (70k) all incurred before marriage. I assume that my wife would not be liable for that debt, is that true? Also, I have virtually no assets. I do have a mortgage on our house (60k) of which very little of the principal has been paid: although the property is probably worth 120k or so. If my debt owners (student loan holding institution) go after the estate could they only put a claim on the value of what has been paid off on the mortgage at the moment of death, or would they have a claim on the whole value of the property. Thanks |
| Tags |
| debt, insurance, life |
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