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My husband and I took out many, many student loans when we were younger and stupid. The amount totals almost $200,000. On all of these loans, they are in my name, and he is the cosigner.

Here's the problem. He signed the first few. Anytime after that, he would tell me to just sign his name since he'd read the papers and didn't need to be bothered. He had me sign his name to student loans, mortgage modification paperwork, checks, etc. At the time I thought nothing of it.

Now we're going into divorce. He's turned around and told me that he's going to claim he knew nothing about the student loans and that I forged his signature to the forms, and that he only signed the first few because I lied about what they were.

He told me he's going to make sure I'm sitting in jail and he has custody of our daughter. That kills me because he doesn't want anything to do with her on a day to day basis. He's just trying to hurt me for leaving him.

I'm terrified. I can't sleep at night. My only defense against him is, "he's lying, he told me to do it" I'm not sure how far that is going to get me.

Does anyone know what is the worst that can happen. Will I really be put in jail for this?? I don't know what to do.




Your situation is really very complicated. Sorry to know that you are in such a problem. You should immediately contact with an attorney and take advice from him/her. Let???s see what the other forum experts say.

Sub: #1 posted on Fri, 01/20/2012 - 02:38

Tyler Tyler

(Posts: 269 | Credits: )

Quote:
My husband and I took out many, many student loans when we were younger and stupid. The amount totals almost $200,000. On all of these loans, they are in my name, and he is the cosigner.


Who was the student?? Were these all private loans? Federal loans?

You wont go to jail but I do hope you have a good divorce attorney.

Sub: #2 posted on Fri, 01/20/2012 - 04:09

SOAPLADY SOAPLADY
Moderators Cum Industry Expert
(Posts: 17272 | Credits: )

This is pretty common practice between spouses. And it's your word against his so, unlikely anything will happen to you. Your divorce attorney should be able to handle this for you.
Also, think of it this way, if you signed the mortgage for him, then, according to his "rules," he has no claim to your home. He's just trying to scare you and you're letting him.
Don't :)

Sub: #3 posted on Fri, 01/20/2012 - 07:45

OhioGal1 OhioGal1
Moderators Cum Industry Expert
(Posts: 5253 | Credits: )

Soaplady~ Technically I was the student. Although, I'm really ashamed to say that they weren't really used for school. These were private loans. We were young, stupid, and just lived way beyond our means. Out to dinner every night, loaning money to friends, elaborate gifts. We used it to pay our rent. Looking back I'm so crazy ashamed of what we did. Obviously I'm paying for it now as every single one of them are in default and I don't have the money to pay what they want.

Definitely a lesson I'll be passing on to my daughter. My parents never taught me how to handle money. They handed it to me like it grew on trees then shoved me out the nest when I was 18. Lol. I've learned, and I'm trying my best to do what I can now. But, if it comes down to mortgage/groceries/utilities or student loan. I've got to feed and house myself and my daughter. So, I'm doing what I can.

Thank you to everyone else who answered my question. I was terrified that all he had to do was tell a judge I forged his signature and I'd be screwed.

Sub: #4 posted on Sat, 01/21/2012 - 17:47

anc526 anc526

(Posts: 192 | Credits: )

It also depend on what state you live in and what the marriage laws state. For example a lot of female are unaware that if you get engaged in like Ohio that engagement falls through, you are legally bound to give the ring back or provide the value of it to whom offered it. Otherwise you can be sued for breach of contract.

Additionally, in many states, like Ohio, the law says you cannot leave your spouse with nothing. Depending on the situation and state, that could mean half or a portion of things like retirement and debt. I don't always agree with it but, it is the law here in Ohio. Just make sure you discuss this with your attorney and have them advise you of the laws for your state and situation. :D

Sub: #5 posted on Wed, 08/22/2012 - 16:10

mrconsumerprotection mrconsumerprotection

(Posts: 16 | Credits: )

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