Can I sue my ex-wife for fraud and grand theft if she refinanced the mortgage without my knowledge and kept the proceeds?

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Can I sue my ex-wife for fraud and grand theft if she refinanced the mortgage without my knowledge and kept the proceeds?

While we were married we bought a condo, but my ex only put the mortgage under her name and left me out. About a year later she refinanced the mortgage and took out the cash equity without my knowledge. I found out about what she did about a year into the marriage and then divorced her. I had been making all the mortgage payments, and property taxes as well. Can I sue her for fraud and theft?

Asked on April 22, 2011 under Criminal Law, California

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your situation.  They guidance one can give here is limited.  The reason for that is because any guidance would be based first on a reading of your divorce agreement and how the property was termed - marital or separate - and how it was dealt with in the bargain, so to speak.  If it was deemed as separate property were you given any compensation for the mortgage payments made?  Who received it in the divorce?  What about the debt?  All this matters here.  I would strongly suggest that you seek help from an attorney in your area on the matter.  Once you determine what the status was you can better set a course now.  And your attorney can best show you the options in a civil suit.


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