Do I have to pay a loan that my ex-spouse took out by forging my signature?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Written by Jeffrey Johnson
Insurance Lawyer Jeffrey Johnson

UPDATED: Jul 14, 2021

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You may be able to challenge the loan company if a loan was taken out without your knowledge and the signature was forged, however, if you and your spouse were married at the time the loan was taken out, you may find you are responsible for the debt anyway. You can try to challenge the loan company. Your best course of action is to send the loan company an affidavit, in which your wife swears, avers, and affirms that she never signed the papers. Second, refuse any requrest by the loan company for information until a court orders you to produce it.

The fact is, though, if you and your spouse lived in a community property state, you are both liable for debts incurred during marriage, and the loan should have been apportioned in the divorce settlement anyway. Therefore, the loan company can most likely collect from either you or your ex spouse regardless of who signed the papers, unless the debt was already apportioned to you or your spouse in your divorce. In that case, the loan company must collect from the party who was given responsibility for the loan by the court, regardless of who signed or did not sign the loan papers.

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