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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 27770
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My husband is the financial person in the household.

Customer Question

Hello, My husband is the financial person in the household. I should BUT I really do nothing with the household finances. He is the "bread earner" as they say. I stay at home with the kids. Its "old school" but we are happy. With that being said, my husband
attempted to accomplish a loan restructure on the mortgage we have. (fyi we both are on the title of house and both signed and listed on the mortgage). He apparently decided it was a good choice to give the bank some incorrect information. Which is obviously
never a good choice. I guess he told them some hardship story and also provided only a partial list of the assets we have. He believed he was trying to get us out of a bad situation... Luckily, when he got the approval for the modification, the man I know
and married got his senses and conscience back and canceled the loan modification. He told me about what he did AFTER the fact. I had zero ideal he was doing anything fraudulent. I knew he was working with the bank to try and restructure our loan BUT I had
zero idea that he was providing incorrect information. Luckily he stopped. When he told me I was mad to say the least. Nothing is legally happening and hopefully never will. BUT, I have a question if something ever did. Q. Since I am co-owner of the house
& since I am co-listed on the mortgage, does that make me guilty of his acts also? If he was ever convicted, would I automatically be convicted as well? Even though I had nothing to do with it? Thanks. Concerned Wife.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am a criminal lawyer.
If your husband was ever arrested and charged for these acts it is possible that you would be arrested too because you signed the paperwork on which he'd given the false information. You would not, however, be automatically convicted. While co-defendants may be charged with the same offense, there may be very different facts against one co-defendant than against another, and/or the case against one can be much stronger than against the other. If you were not involved in any deliberate fraud you can fight your case, regardless of what happens with your husband's and let a jury determine whether you were a participant in this crime.