Legal Question in Banking Law in Texas

My husband and I signed a loan together for a vehicle in May 2009. He moved out in June 2009 and divorce papers were being drawn up. In August 2009, he goes back into the bank and wanted to trade the vehicle he bought so they gave him another loan. I did not know he obtained another loan and I never signed anything approving the new loan. He told the bank that nothing on the previous credit app changed and they gave him the loan. The vehicle has now been repossesed and the bank tells me that since the two loans were only 3 months apart they did not need me to sign for the new loan. Am I responsible for the debt since I never signed on the new loan? He basically lied and told them we still lived together, that he was using my income, etc.

Asked on 4/08/12, 1:20 am

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

If you were still married (and it sounds like you were), then it did not need your signature to be a community debt. Texas is a community property, and liability, state which means that the income of one belongs to both just as the debts of one belong to both.

Even though he lied, because you were still married, it really does not matter.

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Answered on 4/08/12, 8:09 am

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