Legal Question in Credit and Debt Law in Missouri

Can a parent take out loans in their child's name if the child is over 18 years old and living under their parents roof? If so must their be notification of said loans and said debt to the affected party?


Asked on 12/31/14, 8:44 am

1 Answer from Attorneys

Anthony Smith LawSmith

You're really asking two questions

1) Can a parent boroow money? The answer is Yes, if someone is willing to loan money.

2) Can an adult be liable for repaying loans taken out by their parent, if the adult child did not consent? Here the answer is tougher. When a person under the age of 21 is living at home, and is a full time student, a parent can initiate some student loans that also obligate the adult child. Unfortunate, patents sometimes impersonate their child to obtain credit that they could not or would not get in their own name. This is fraud, and often forgery. The hard thing for the victim is proving that they did not consent to the debt nor benefit from it.

If you have found yourself in such a situation, where your patent has created debt for you, consult directly with a civil practice attorney. Many offer a free or low cost initial consultation. Find one in your area.

Good luck

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Answered on 12/31/14, 11:40 am


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