Do I have to pay a loan that my ex-spouse took out by forging my signature?
Get Legal Help Today
Secured with SHA-256 Encryption
UPDATED: Jul 14, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
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.