Is It Legal For A Spouse To Take Out Loan Against Your House Without Your Signature?
I am getting a divorce, haven't seen a lawyer yet, is it legal for my husband to take out 4 loans against our house during the 13year marriage without my knowledge or signature? .He received 16000.00 cash , has been paying it back through our joint checking account.
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If you legally own half of the house, and your name is on the deed, then your signature is also required on the loan application. You need to see a copy of the original application to see if your name was signed to it.
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My name is not on any of these loans or my signature, so he did not forge my signature, but he also did not have my concent to take loans, he put our whole house up as collateral. I think the bank didnt notice because my name was not on original mortage....it was added years later during a remortage for a lower percentage. Which he also did behind my back and then had to rush home to get me to sign because the bank finally realized he was married and that my name wasn't on the mortage. I did sign the remortage for a lower percentage, but that is all. My name is on the current mortage, but not on the original deed. I think that in nj since we have lived in this house for 13yrs as a married couple that the house is half mine even if my name is not on deed. Is is obvious he withheld information to the bank that he was married in order to obtain these loans. He also has been paying off this loan though direct withdrawels from our joint checking account, even if you consider it a personal loan, then he shouldnt be paying it back with maritial asset money should he?
My name is not on original deed because the house was purchased one month before our marriage, but it was purchased with the intent for us both to live in it during our marriage with our children, we just happened to find a great house before our wedding date and jumped on it. We have lived in it the entire time as a married couple. It was purchased through a va loan.
Blackcat, if you can, please see an attorney about your rights with the house. It may be that even though you're not on the deed, but responsible for half the mortgage, that there would be papers or legal work you would need to have, as half owner. I wish you all the best as you go through this, and I'm praying for your future, because I've been in your shoes, and I made it through with the grace of God.
Moe
Moe
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