New surprise

In my ED, I was awarded the home and all the debt in order for the ex-spouse to be free & clear of marital debt and would have not rights to my retirement. I was given 1 year to refinance which is November 2012. In the ED, I agreed to pay a business judgment of the ex-spouses failed business from 2003, which has now tripled in value. I assumed that I was just as responsible for this debt due to being married at that time and until November 2011.

I have been approved for the refinancing and contacted the debtor to see what exactly was the amount owed. Meanwhile, going through all her business records (left in the attic) I found the civil summons that was filed. I was listed as defendant #2. As I continued to examine the summons I realized that I did NOT sign the credit application, that the ex-spouse had forged my name. I went to the courthouse today and confirmed that this judgment has definitely been placed against us both.

I would not be inquiring about this if it were my only concern, however, she had also forged my name and received a credit card in my name (which I already paid that debt) that I was not aware of until she quit paying it when we separated.

I would like to know if I have any recourse or can I file a complaint against the ex-spouse for forgery. Can a spouse legally sign your name to receive credit or a credit card? I am very concerned that when the attorney does the title search next week, the judgments (4) that have been placed against the ex-spouse are going to have to be satisfied before the refinancing can be finalized and I do not believe she has the means to satisfy these judgments and that this will end the refinancing process.

I would greatly appreciate any advice.

NC is one of the states where you can still take out a warrant against someone at the magistrate’s office. If you feel you have a case, you can always file a complaint against her for forgery. NCGS 14-119. And yes, if her name is still attached to the property, than any judgments in her name will likely have to be satisfied before a bank is going to be willing to refinance the property.

Thank you very much!

You’re welcome.