Can my wife get a loan without my consent?

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Can my wife get a loan without my consent?

And, if yes, what can I do about it?

Asked on November 20, 2014 under Business Law, Florida

Answers:

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

Answered 6 years ago | Contributor

Do you mean on a jointly owned asset such as a home?  While theoretically that can happen, in reality of you are a joint owner the bank is going to want your consent on the loan documents. So if you do not consent then it is likely that the loan will not go through.  Could she use the joint asset as collateral on a personal loan?  that is possible but again, the bank may require something from you.  If it is a personal loan for her alone and she has credit worthiness and meets the other requirements by the lender, then you would likely have no say.  Good luck.


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