Q: My husband purchased our home one year before we were married. He refinanced it recently and told them that he was single, because our marriage has been rocky and didnt want my name on the house. Can he do that? What can happen? We are headed for divorce. I don’t want any part of the home but he wants to toss me out, before I can find a job and somewhere else to stay.
A: I am sorry to hear about the difficulties you are going through. Please talk with an attorney immediately. It sounds as if your husband may have committed loan fraud by telling the lender he was single when he was married. Some states have property laws that would require that the title be held jointly when he refinanced. At a minimum, if he had been truthful, he would not have been able to refinance without your involvement. You may not want anything to do with the house since he bought it before your marriage, but that should be part of your separation and divorce agreements.
In addition, I strongly recommend you sign up for online monitoring of your credit reports. If he is willing to commit fraud to get a mortgage loan, he may be willing to compromise your credit in other ways. I have seen it happen many, many times unfortunately. To protect yourself, I would also recommend you check out the book Divorce for Dummies by attorney John Ventura.
Good luck during this difficult time.
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