Legal Question in Family Law in Virginia

Legal/financial protection from drug addict husband's constantly getting loans.

Can my friend do anything to stop the firm that holds the house mortgage from giving loans to her drug addicted husband, unknown to her, (for thousands of dollars)? Can she do anything to stop him legally, short of a gun or divorce? She is no longer able to work due to illness, so lives on his retirement check, fears the company will garnishee that check, and there simply isn't enough money. This is an ongoing thing, over and over again (she used to try to cover the loans, but there's no income now to do it, and it's a bottomless hole anyway). What can she do either to the firm, or to separate things so that these loans do not affect her or the house? It is a desperate situation and talking to him is futile!


Asked on 4/23/05, 3:26 pm

1 Answer from Attorneys
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Legal/financial protection from drug addict husband's constantly getting loa

If the house is solely in his name and the mortgage is also solely in his name then she can't do anything to stop him borrowing against the equity short of having a divorce judge freeze the asset. If she were on the deed or the mortgage then she would have to sign off on any such loan.

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Answered on 4/23/05, 7:03 pm


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