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Columns: Dr. Don
Don Taylor, Ph.D., CFA, CFP   Expert: Don Taylor, Ph.D., CFA, CFP
Ask Dr. Don
9 states have community property rules
Ask Dr. Don

Mom co-signed, but Dad may be liable
 

Dear Dr. Don,
My parents are married and my mom co-signed numerous personal loans for my sister while she was in college. The loans totaled approximately $70,000, and my parents have since paid many of them off.

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There are still some additional co-signed loans, owed by my sister, totaling approximately $30,000. Are both my mom and dad responsible for this debt since they are married, or could just the co-signer be held responsible? How could they hold my sister solely responsible for this debt? I have read that refinancing the loans is a possibility.
-- Vanessa Valor

Dear Vanessa,
If your mom co-signed the loans, then she is as responsible for their repayment as your sister. Late or missed payments impact her credit history and credit score. Dad's responsible, too, (even if he didn't co-sign) if your parents live in a community property state.

9 community property states
1. Arizona
2. California
3. Idaho
4. Louisiana
5. Nevada
6. New Mexico
7. Texas
8. Washington
9. Wisconsin

If your parents don't live in one of the nine community property states, your father may not be legally responsible, and it won't show on his credit report.

Refinancing the loans in just your sister's name is one way to get your parents out from under this obligation. The other way is to pay off the loans. Other than that, there's no magic way for your mother to stop being obligated to repay the loans. Lenders aren't likely to change the terms of an existing loan agreement to their detriment.

The Federal Trade Commission's facts for consumers guide "Co-signing a loan" is recommended reading prior to co-signing a loan. Living with the decision after the fact is just one of life's tribulations. Refinancing will work if your sister has the credit score to get these loans in her own name.

Bankrate.com's corrections policy -- Posted: Dec. 14, 2007
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