Can I file charges on my husband for forging my signature on a home loan for a house that is in both of our names?

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Can I file charges on my husband for forging my signature on a home loan for a house that is in both of our names?

I am in the middle of divorcing my husband. He takes all the mail before I have a chance to look at it. When I did got the opportunity to finally see what happening with the mortgage, I found that he took out a loan with a forged signature of mine. I went to the police, they said I could only file a report. What else can be done?

Asked on June 13, 2012 under Criminal Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In addition to the criminal angle, you can also ask the divorce court to make you whole through an unequal division of property and/or debt.  When the courts typically divide property, they use a fair and equitable standard, which usually comes out to roughly fifty-fifty.  However, the courts are not limited to a fifty-fifty standard.  You can make an equity argument that since he incumberd the home and saddled you with an unwanted debt, that you should receive a larger share of the community estate or a lower share of the mortgage.  If he has the credit line, you may also want the court to order him to refinance the debt in his name alone so that any delinquences on his part will not affect you.


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