Am I responsible for a home equity line of credit that my ex-husband obtained without my consent?

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Am I responsible for a home equity line of credit that my ex-husband obtained without my consent?

Divided property –  I got 1 house, he got 2. This was OK. He was ordered by the court to pay off the amount he had taken out of the home equity line of credit on the house he signed over to me. After he signed the deed without my knowledge he continued to withdraw money from line of credit. I took out another loan at a lower rate of interest to pay off the first line of credit since the bank would not freeze the account (this would make sure that he would not continue to withdraw money). When I finally got the papers from the bank showing the loan was paid off, I found out he had forged my name on the original papers.

Asked on October 30, 2010 under Bankruptcy Law, New Jersey

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to seek legal help in your area here.  The bank thinks you are responsible and instead of objecting at the beginning you actually took out another loan to pay off the home equity loan.  The question becomes how did you not know it was forged from the start?  Did you think that only he could get the loan?  Your beef here is with your ex and you need to sue him for the money, both the home equity lime of credit he originally took out, the loan you took out and the fees and interest.  I would even ask for attorney's fees here.  If you want him prosecuted for forgery that is another story and a discussion should be had with the attorney on that issue as well. 


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