Can my husband have me arrested for forgery when he knew I was signing his name?

Before my husband and I were married we took out some student loans to help pay for my college and the cost of living off campus. I was the applicant and he the cosigner. He signed the first few. Then told me just to sign his name on the rest. Now we’re married but I want a divorce. He’s told me if I leave him he’ll claim he knew nothing about the $100,000 in student loans and will have me arrested for forgery and take our daughter. Can he do this? What can I do to stop it? I’m seriously terrified.

Asked on December 3, 2011 under Criminal Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Your husband can make threats that you improperly signed his name for student loans that he took out. However, from what you wrote, he authorized you to sign his name for these student loans. Most importantly, he and you both received the benefit of the student loan for you.

I sense that your husband is trying to intimidate you into staying in the marriage which is wrong in my opinion. From what you have written, I do not see much chance of law enforcement filing criminal charges against you for something that happened years ago before you married your husband especially in light of the marital tension between you two.

I suggest that if you have not seen a family law attorney yet, that you do so soon.


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