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  1. #1
    amwes is offline Junior Member
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    Can my ex take out loan w/o my signature

    What is the name of your state (only U.S. law)? Louisiana

    My EX-wife and I divorced in 1988, she divorced her second husband around 2000. After she divorced her second husband she now uses my last name. I think she's up to something. What can I do to get her to stop using my last name? Do I need to go to court for this/ are there any papers I need to fill out to stop her? We never had a property settlement. What can I do if my EX-wife takes out a loan on the house without my signature, who do I notify? My EX-wife does not stay in the same state as I.
  2. #2
    tuffbrk is offline Senior Member
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    What makes you think your Ex can take a loan against a home you currently own? Was it owned during your marriage? Was title held jointly?
  3. #3
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    Quote Originally Posted by amwes View Post
    What can I do to get her to stop using my last name?
    Absolutely nothing. Anybody can use your last name. You don't have a copyright on it.

    What can I do if my EX-wife takes out a loan on the house without my signature, who do I notify?
    What house? If it's her house, then you can't do anything. If it's your house, then she will have defrauded the lender, which isn't your problem. If the lender records a lien on your house, then you will need to contact the lender and tell it to remove the lien or you will sue. If you both own the house, then she can mortgage her share of the house, but not yours (this is an unlikely scenario).
  4. #4
    Farfalla is offline Member
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    Quote Originally Posted by amwes View Post
    ... We never had a property settlement. What can I do if my EX-wife takes out a loan on the house without my signature, who do I notify? ...
    You got a divorce with no property settlement? What do the two of you still own jointly if anything?

    Why did you get a divorce with no property settlement?
  5. #5
    amwes is offline Junior Member
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    Can my ex take out loan w/o my signature

    Quote Originally Posted by CameronNewport View Post
    Absolutely nothing. Anybody can use your last name. You don't have a copyright on it.


    What house? If it's her house, then you can't do anything. If it's your house, then she will have defrauded the lender, which isn't your problem. If the lender records a lien on your house, then you will need to contact the lender and tell it to remove the lien or you will sue. If you both own the house, then she can mortgage her share of the house, but not yours (this is an unlikely scenario).
    Yes my EX name is still on my house that I've been paying a mortgage on for over 20yrs. Yes we were married when we bought it. No, she has not lived in my house for over 20yrs. Like I said we never had a property settlement. Yes I do understand that it was stupid to not have a settlement but I can't take the past back. Just so I'm clear, are you saying she CAN legally take a loan out on my home without my knowledge or signature? Because she has taken a loan out and yes their is a lien on my home? And if she did mortgage her share of my home will I be able to stop her from further doing so again? At the moment I am preparing to go to court to get this settled bc like I said I have been the only one paying the mortgage and anything else on my home. I just don't want to be stuck with a lien to pay.

    Thanks
  6. #6
    Farfalla is offline Member
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    Quote Originally Posted by amwes View Post
    Yes my EX name is still on my house that I've been paying a mortgage on for over 20yrs. Yes we were married when we bought it. No, she has not lived in my house for over 20yrs. Like I said we never had a property settlement. Yes I do understand that it was stupid to not have a settlement but I can't take the past back. Just so I'm clear, are you saying she CAN legally take a loan out on my home without my knowledge or signature? Because she has taken a loan out and yes their is a lien on my home? And if she did mortgage her share of my home will I be able to stop her from further doing so again? At the moment I am preparing to go to court to get this settled bc like I said I have been the only one paying the mortgage and anything else on my home. I just don't want to be stuck with a lien to pay.

    Thanks
    You will definately need an attorney to unravel this one. She is partial owner of the house since her name in on the title. Is her name on the mortgage too? It's her asset too.The fact remains that you allowed this to go on, thus you are in agreement that she retained ownership of the home.
  7. #7
    amwes is offline Junior Member
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    Can my ex take out loan w/o my signature

    Quote Originally Posted by Farfalla View Post
    You got a divorce with no property settlement? What do the two of you still own jointly if anything?

    Why did you get a divorce with no property settlement?

    Jointly we don't own anything together. Her name is just still on the house. I didn't get a settlement at the time bc my kids was coming to live with me. I couldn't tell you what I was thinking at that time. Like I said I know this was a stupid move on my part but I can't do anything about the past.
  8. #8
    amwes is offline Junior Member
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    Can my ex take out loan w/o my signature

    Quote Originally Posted by Farfalla View Post
    You will definately need an attorney to unravel this one. She is partial owner of the house since her name in on the title. Is her name on the mortgage too? It's her asset too.The fact remains that you allowed this to go on, thus you are in agreement that she retained ownership of the home.
    Will i be able to sue for back child support or something? She didn't even help me financially with our kids. I was on my own. This is the deal, I dont' mind giving her something for her share. I just don't want to give her half especially since I was not planning on selling the house. All I want to do is fix my house up and I decided its time to ask her to sign her half over. Of course, she says no. My kids grew up in that house and I would have wanted to leave it to them.
  9. #9
    LdiJ is offline Senior Member
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    Quote Originally Posted by amwes View Post
    Jointly we don't own anything together. Her name is just still on the house. I didn't get a settlement at the time bc my kids was coming to live with me. I couldn't tell you what I was thinking at that time. Like I said I know this was a stupid move on my part but I can't do anything about the past.
    If her name is on the house (ie on the deed) then she is a part owner of the house, therefore you DO own something together.
  10. #10
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    Quote Originally Posted by amwes View Post
    Just so I'm clear, are you saying she CAN legally take a loan out on my home without my knowledge or signature?
    Yes, assuming a lender will do it (I doubt most will).

    Because she has taken a loan out and yes their is a lien on my home?
    Are you saying that it's already happened?

    And if she did mortgage her share of my home will I be able to stop her from further doing so again?
    No. She can mortgage her share of the property as many times as a lender will accept her share as collateral.

    Since she will likely only be entitled to a share of the house based upon the limited time you both owned it as husband and wife, then her share is probably small compared to yours. She is probably only entitled to 50% of the equity that the house had at the time you got divorced. I'm not certain, though.
  11. #11
    Farfalla is offline Member
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    Quote Originally Posted by amwes View Post
    Jointly we don't own anything together. Her name is just still on the house. I didn't get a settlement at the time bc my kids was coming to live with me. I couldn't tell you what I was thinking at that time. Like I said I know this was a stupid move on my part but I can't do anything about the past.
    Is your name on the house along with hers? If it is, than you do own the house jointly. If only her name is on the house, than she owns is 100%.

    No you cannot do anything about the past. And today, as for the past 20 years or more, she owns 50% of the house.
  12. #12
    Farfalla is offline Member
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    Quote Originally Posted by amwes View Post
    Will i be able to sue for back child support or something? She didn't even help me financially with our kids. I was on my own. This is the deal, I dont' mind giving her something for her share. I just don't want to give her half especially since I was not planning on selling the house. All I want to do is fix my house up and I decided its time to ask her to sign her half over. Of course, she says no. My kids grew up in that house and I would have wanted to leave it to them.

    Did you have a child support agreement put in place by a court?
  13. #13
    Farfalla is offline Member
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    Quote Originally Posted by CameronNewport View Post
    Since she will likely only be entitled to a share of the house based upon the limited time you both owned it as husband and wife, then her share is probably small compared to yours. She is probably only entitled to 50% of the equity that the house had at the time you got divorced. I'm not certain, though.
    There is another way to look at this. The house belongs to both of them equally. When they divorced, husband does not automatically get the house. Sure he had physical possession of it. But she could have forced the sale at any time.

    50% of his monthly payment can be looked at a rent on her part of the property all these years. After all hes been using her property for 20 years. By not buying her out years ago, he has kept her assets and her credit tied up. He does not get to do that for free. If she had bought her out years ago she could have invested that money, bought a house of her own, etc.

    According to OP there is no property settlement to the divorce. So my bet is that this is just like any property owned by two non-married people.
  14. #14
    LdiJ is offline Senior Member
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    Quote Originally Posted by Farfalla View Post
    There is another way to look at this. The house belongs to both of them equally. When they divorced, husband does not automatically get the house. Sure he had physical possession of it. But she could have forced the sale at any time.

    50% of his monthly payment can be looked at a rent on her part of the property all these years. After all hes been using her property for 20 years. By not buying her out years ago, he has kept her assets and her credit tied up. He does not get to do that for free. If she had bought her out years ago she could have invested that money, bought a house of her own, etc.

    According to OP there is no property settlement to the divorce. So my bet is that this is just like any property owned by two non-married people.
    I have to agree. If she is on the deed, its equally her property. And yes, many seniors here have argued that half of the mortgage payment was her "rent" for allowing him the use of her property for all of these years.
  15. #15
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    Quote Originally Posted by Farfalla View Post
    There is another way to look at this. The house belongs to both of them equally. When they divorced, husband does not automatically get the house. Sure he had physical possession of it. But she could have forced the sale at any time.

    50% of his monthly payment can be looked at a rent on her part of the property all these years. After all hes been using her property for 20 years. By not buying her out years ago, he has kept her assets and her credit tied up. He does not get to do that for free. If she had bought her out years ago she could have invested that money, bought a house of her own, etc.

    According to OP there is no property settlement to the divorce. So my bet is that this is just like any property owned by two non-married people.
    That would be grossly inequitable, and unless other facts surface, it ignores basic property law. I really doubt a judge would rule that they each currently own a 50% share of the house. A fair way to divide the property would be to take 50% of the equity at the time of divorce, and then inflate it according to the appreciation on the house.

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