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Husband fraudulently mortgaged house

Is there any recourse for a wife with three children whose husband took out a mortgage under false pretences and without the wife knowing it, then left the country while the wife went ahead to build the house. The husband visited once when the foundations were put down and then deserted the family, returning to the US leaving the said sad wife with three busy, hungry kids and a big mortgage to pay?

The first thing I would say to this listener if I understand her correctly is that the husband appears to have committed fraud in taking out the mortgage.  If the property is in your joint names or even if it was in his name only your signature would still be required on documentation to allow the mortgage go through.  The documentation involved would include sworn statements and to do this someone declaring herself to be your husband’s wife would have to have appeared before a Commissioner for Oaths and sworn to the fact that she was consenting to the arrangement.  This clearly has not happened.  Equally, there is a good chance that the husband forged consent forms from you, which in both cases means that serious fraud has been committed.

In the case of forgery, the documents aren’t worth the paper they are typed on and you can visit your local Garda station and swear out a complaint against your husband.  If the Gardai decide to prosecute, your husband will be arrested in the USA and extradited to Ireland for trial. 

Regarding getting the house into your name, if that is an issue, you should consult an experienced family law Solicitor to advise you. 

The issues raised in the answer to this NewsTalk listener's question are dealt with in a general way as can only be the case on live radio. Before relying on the advice given in this answer, whether you heard the broadcast or are for the first time reading the issues here please do not rely on the broad advice given. For a detailed professional opinion please consult a qualified legal advisor and for further details read our disclaimer on the Home Page.

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