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Can one spouse use a joint owned home as collateral for a…

Can one spouse use...

Can one spouse use a joint owned home as collateral for a personal loan without out the other spouse signing or knowing?

Lawyer's Assistant: What state is this in? It matters because laws vary by location.

GA

Lawyer's Assistant: What steps have been taken so far?

Husband is in jail, he has signed house deed over to his lawyer as collateral for lawyer fees, lawyer has filed it at land office in GA - wife had no idea this had happened, had signed nothing,

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

He is in jail on child molestation charges (three counties) and she has to have 24 hour care for a stroke, their son had POA but when husband went to jail he gave the lawyer a POA for him

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Answered in 11 minutes by:
3/16/2018
Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,611
Experience: Attorney with 17 years experience
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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can one spouse use a joint owned home as collateral for a personal loan without out the other spouse signing or knowing?
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No, no bank would make a loan to a person without having the entire property secured as collateral for a loan. So both spouses would have to sign off on any loan agreeing to pledge the entire house as collateral for the loan.

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But this isn't a loan... the husband signed over his 50% ownership interest in the house to the attorney... So now the attorney and the wife own the house equally under whatever agreement the attorney and husband came up with.

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thanks

Barrister

Barrister
Barrister, Lawyer
Category: Family Law
Satisfied Customers: 42,611
Experience: Attorney with 17 years experience
Verified
Barrister and 87 other Family Law Specialists are ready to help you
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Customer reply replied 4 months ago
ello, to follow up with question above - apparently it is written in that this "loan" is due to be paid in full this summer - the home is the only asset they own - it would have to be sold - and if sold his wheelchair bound wife will have no place to live. How can / can this be voided? He and his wife gave my husband (his son) a financial POA about 12 months ago because they knew (age 69 and 70) because of their history of strokes they were not making good financial and other decisions (utility bills / mortgage unpaid/ car insurance lapsed etc.) but now he has given his lawyer his POA and is signing things like this. I tried to hit the add files button, but nothing comes up to attach when I do, can I send the lein paper he signed to you another way?
Customer reply replied 4 months ago
ello, to follow up with question above - apparently it is written in that this "loan" is due to be paid in full this summer - the home is the only asset they own - it would have to be sold - and if sold his wheelchair bound wife will have no place to live. How can / can this be voided? He and his wife gave my husband (his son) a financial POA about 12 months ago because they knew (age 69 and 70) because of their history of strokes they were not making good financial and other decisions (utility bills / mortgage unpaid/ car insurance lapsed etc.) but now he has given his lawyer his POA and is signing things like this. I tried to hit the add files button, but nothing comes up to attach when I do, can I send the lein paper he signed to you another way?

The only way to void the agreement would be to prove to a judge that he was mentally incompetent when he signed. But this sounds like he had to hire an attorney , he has no liquid assets, and used his only large asset as collateral. That doesn't sound like the actions of an incompetent person .

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Customer reply replied 4 months ago
That is what I thought, his disease is bvFTD and one of the major symptoms is late onset criminal behavior. Jail is the safest place for him and others, but I guess my question is can his
Customer reply replied 4 months ago
wife be made to sell the house to pay the debt and / or will any accrued interest on his loan come from her part of assets as she sign nothing and knew nothing.

Legally if the bill isn't paid, and the attorney wants his money, since he is now a half owner with the wife, he can file a "partition action" to have a judge order the property sold at public auction to the highest bidder... Then the wife would get half of the proceeds over any mortgage and the attorney would get the other half.

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That is unless someone is willing to step in and help by paying off the attorney or working out a payment arrangement with him to prevent this from happening..

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

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