My soon to be ex and I were married on March 15, 2008. A couple of years later I found out that he forged my signature on four private student loans totaling in the amount of $30,000. The loans were taken out over a period of time from September 2007 to March 2008; the last loan was dispersed on March 14, 2008 (the day before we married). I explained to the lender (Sallie Mae) that the loans were taken out without my knowledge or permission. I was told that unless I had him prosecuted my name could not be removed from the accounts, but because we are married I cannot take legal action against him. We separated in September 2011 and I plan to file for divorce next week. My question is once I file for divorce will I be able to have him prosecuted or will I have simply have to include the repayment in our divorce settlement? He has made absolutely no attempt to repay these debts, and lied to me and told me that his wages were being garnished to cover them. Also, he did not use the money for his education, as he was never enrolled in school during the time he took out the loans. I need to know what steps I can take to have my name completely removed from these accounts since I simply cannot afford to pay them, and my credit has been ruined due to the unpaid loans.
Whether your husband could be prosecuted for forgery should have nothing to do with whether you are married. See NCGS 14-119 for a complete understanding of the crime of forgery.
When you file for divorce, you should also file for equitable distribution of the marital estate. If the loans were taken out in your name before the marriage, they are separate debts, but you can argue that the court should use this as a factor to distribute more of the marital assets to you as a result of his actions. It is best for you to consult with an attorney in your county who can review all of the facts with you and determine if this is a feasible course of action.