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Olivia Kent
Olivia Kent, Family Law Attorney
Category: Family Law
Satisfied Customers: 871
Experience:  Partner at Kent Law Group, LLC
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My marriage began almost 9 moths ago, i suspect that my husband

Customer Question

my marriage began almost 9 moths ago, i suspect that my husband was committing mortgage fraud with his dad.
on 6/15 my husband bought a home under his VA eligibility, his dad is down as the co-borrower. I did not know any of this at the time and found out about it last friday. my husband did not live on that property purchased through the VA AT ANY TIME and had no intent too do so for these past 11 months. now, i know that the VA has rules and regulations of primary residence and that the veteran under the loan must live and occupy that residence as a primary one an the VA has the veteran sign a certificate of occupation stating that he would occupy the VA home within the next 60 days that the home is purchased. so since my husband has not occupied that home is it considered mortgage fraud? his dad the co-borrower and his mom lives in the home under the VA loan, my husband never did.
my husband and i lived in a separate location this entire time. things have gotten very bad between us and i am divorcing him however, i would rather have an annulment so my real question is does this qualify me for an annulment? and if so how can i prove this.
thank you.
Submitted: 1 year ago.
Category: Family Law
Expert:  Olivia Kent replied 1 year ago.
Hello. My name is ***** ***** I'm an attorney. I’ll be happy to help you in any way I can. This site is for educational purposes only. Sometimes - although certainly not always - experts have to give you what you deem “bad news” but that should not be a reflection of how satisfied you are with the assistance your expert provided. Experts on this site receive credit for assisting you when you click the rating (the stars) so please submit a rating prior to logging off. You aren't charged anything extra by submitting a rating.I'm really sorry but his alleged fraud against someone else wouldn't qualify as fraud against you for the purposes of divorce. I wish I could tell you otherwise but my role is to make sure you have all of the the necessary information so you can make the best decision possible for you - and I don't want you to waste your time filing for something that won't be granted. I hope this helps. Please let me know if you have any other questions or you need me to clarify anything. I'd be happy to do so. I'm also available by phone if that would help you. Please also submit a rating if you're satisfied with your assistance; this will not cost you anything extra and it's the only way we get credit for assisting you. And please don't feel like we have to stop talking after you submit a rating. I'd be more than happy to continue working with you after that as well.
Customer: replied 1 year ago.
ok thank you for your honesty so what can I do and what can I fight for during the divorce? also my husband and i are still married and not legally separated yet and he slept with someone else last night. i don't know if this has any relevance. in addition i do want to report this to someone and i want something to happen because what he did was completely wrong.
Customer: replied 1 year ago.
also my husband is 12 years older than me. I'm not sure if this has any relevance either, but he pretty much fooled me into marriage with this lie. i would not have married him, have i known of this before the wedding.
Expert:  Olivia Kent replied 1 year ago.
In many states adultery is a grounds for divorce. You can also just use irreconcilable differences as a grounds.
Expert:  Olivia Kent replied 1 year ago.
What do you mean by "he pretty much fooled me into marriage with this lie"... which lie are you referring to?
Expert:  Olivia Kent replied 1 year ago.
In most states, you can file for divorce on the grounds of adultery (if you're asserting fault based grounds) or you can simply use irreconcilable differences - in which case you won't have to prove *anything* in order to be eligible for divorce.
Customer: replied 1 year ago.
the mortgage fraud. he even admitted that he and his entire family kept it from me so that i wouldn't leave him.
my concern isn't only the divorce i want some sort of justice made for what his family and him have done. lying on a mortgage application is bad.
Expert:  Olivia Kent replied 1 year ago.
If you believe there's been any kind of fraud in the marriage (not in his actions outside the marriage) you CAN assert that as a basis for annulment. You can also assert duress/undue influence as a basis for annulment - so I don't want you to think that annulment is entirely off the table. I hope that helps.
Expert:  Olivia Kent replied 1 year ago.
It might be better to wait until after the annulment or even the divorce to assert something like this, so you don't get yourself entangled in it.
Customer: replied 1 year ago.
but now he lives in that house with his dad, he left there on friday the 22nd. does that make a difference in the gravity of the situation? what do you know about military law, i am really searching for answers and just want peace of mind.
Customer: replied 1 year ago.
i really don't want anything to do with this which is why I'm divorcing him however ideally i would like an annulment, because had i known i wouldn't have married him in the first place.
Expert:  Olivia Kent replied 1 year ago.
So the best thing to do if you want to try to get an annulment is to allege fraud. If annulment doesn't work you can always seek a divorce afterwards. Does that make sense?
Customer: replied 1 year ago.
yes, it does. and how can i file for that in kent WA? and would you have a general idea of what the costs would be?
Expert:  Olivia Kent replied 1 year ago.
The court filing fee is $280 for a dissolution of marriage (divorce). I don't see any pricing information for annulments.
Customer: replied 1 year ago.
i just want to go with the best course of action so i think the divorce would be best. i am so lost for thoughts and just need to deal with this as soon as possible. i need to do what is right, my career path is in law enforcement which is why i am taking this so seriously.
Expert:  Olivia Kent replied 1 year ago.
All of the forms you will need are here: State's forms are really really helpful - but you can always hire an attorney to help you. There are also online services that will help you complete paperwork for $200 to $400 if you can afford that. If you have any additional questions, I'm always here to help :) You can reach me directly by putting FOR OLIVIA in your question and it will be routed to me.
Customer: replied 1 year ago.
yeah my only other questions are, how would i go about reporting the mortgage fraud? and is it worth the troubles? what could actually happen to my husband and his dad based on the facts?
Customer: replied 1 year ago.
since we have been married for only 9 months what is the likelihood of me qualifying for maintenance, i make half of what he makes, we have been living together for a year and a half and this will definitely be an adjustment.
Expert:  Olivia Kent replied 1 year ago.
It's definitely a short term marriage but it doesn't mean it's impossible to establish criteria for maintenance - but it will likely be short term. I wish I could tell you otherwise :(
Expert:  Olivia Kent replied 1 year ago.
If you are interested in reporting fraud, I would advise contacting the FBI at the following web address: good article is: phone number to report fraud:(###) ###-####Jail time is absolutely a possibility with conviction for any kind of fraud. My goal is to make sure you're completely satisfied with the assistance you have received, so please let me know if you have any questions or need me to clarify anything at all.