Legal Question in Family Law in Florida

Re: line of credit

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If the property is your homestead, the law requires both spouses to agree to a mortgage if the bank wishes to foreclose if monies are not repaid. There is no law that requires both parties to sign in order to give a loan, however. As a rule, a bank will require both to join in on a mortgage regardless of how title is held in order to safeguard their interests and allow them to take the property back if not paid. There may be serious issues for the bank, but I am not sure that you have any claim against them.

What your wife did is possibly actionable at law. She gave a false statement to the bank. The bank may have a claim against her.

I would suggest that you review this matter with a qualified attorney who can advise you as to your legal rights and obligations.

Scott R. Jay, Esq.