If your spouse forged your name on a loan
Texas is a community property state, so debts either spouse takes on during the marriage can affect you both. But if your spouse forged your signature on a credit card or loan application without your knowledge, you do have options.
- Contact the lender directly — they had a duty to verify the signature was genuine, and may need to correct the account.
- If the lender won’t release you from the debt, an attorney can pursue a claim against the lender for failing to verify the application.
- During the divorce, you can raise a “fraud on the spouse” claim — either because your spouse deceived you (actual fraud) or disposed of shared property without your knowledge or consent (constructive fraud, which is easier to prove).
A finding of fraud on the community won’t necessarily erase the debt, but it can shift the property division in your favor. This is a good issue to raise early with your divorce attorney.