Question:

Can my husband have me arrested for fraud?

by | earlier

Ok, here's the situation...

My husband and I have been having problems for quite sometime and he is the sole bread winner. I told him that I will not leave with "nothing" as I contributed and worked during the marriage. He told me that instead of getting lawyers involved ( he feels THEY will get all of our money) that he would take out a loan on prosper.com and give me the money so that I may have a nest egg for myself.

I guess he didn't think I would really leave because right after I withdrew the money he threatened to call the police and have me arrested for fraud, saying that he had no knowledge of the loan and that I took it out without his permission. What is going to happen??? Can I really get in trouble or is it his word against mine?

Thanks

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is the loan in both of your names? or just his?

Report (0) (0) | earlier
I don't think he is saying that she withdrew the money fraudulently.  Prosper.com is totally internet loans.  He may be trying to state identity fraud.  Which if he is serious about it, you may want to get a lawyer.   Did he actually sign the prosper papers?  Or was it just an acceptance via internet?

I would contact a lawyer.  It could possibly get messy.
Report (0) (0) |   earlier
sure if he can prove the case....get a better lawyer that works
Report (0) (0) | earlier
yes he can turn u in

Report (0) (0) | earlier
I think he's blowing smoke & it's your word against his. Don't let him bully you.
Report (0) (0) | earlier
ITS A VERBAL AGREEMENT YOU CAN PRETEND LIKE YOU WERE JUST MESSING WITH HIM AND NOT GET IN TROBLE OR YOU CHOULD RUN CAUSE U CAN GET IN TROUBLE BUT NOT FOR FRUAD ITS CONSIDERED THEFT
Report (0) (0) | earlier
Good question.

EDIT:

Are you in a community property state? If so, the LOAN and the FUNDS are 1/2 yours ... an asset (until it's spent) and a liability. You need a "Date of Separation" ... and everything gets split down the middle as of that date.

Non-community states are beyond me ... find a legal aid advisor if you're in "one of them." : )

He does have a point - attorney's will suck you dry in a divorce. A better alternative is a mediator - fair AND less expensive.
Report (0) (0) | earlier
The way you worded the question, he is the one who took out the loan. He couldn't have done so without his own consent on the documents. Do you have a copy?

The easiest solution would be to call the loan company and ask for some of these details. They can tell you and they are not the law. You can ask it as a hypothetical question, without revealing who you are.
Report (0) (0) | earlier
You cant get it trouble, It is his word against yours and the loan was made while you were still together so you are both liable for the loan.
Report (0) (0) | earlier
Yes you should not have taken it upon yourself to do that.That was a bad decision.

Whenever he says don't get a lawyer involved,he is GOING TO STICK IT TO YOU.

GET A LAWYER !!!
Report (0) (0) | earlier
Like it or not, you will have to get an attorney to fix this. They will not take all of your money, but you will probably pay at least $125.00 per hour for each hour they put into your case. It would have been cheaper to hire one for the divorce, rather than the way it has now turned out.

Also, my guess would be that the loan he took out was insurance for him to try to keep all of your assets rather than share them. If he can prove you did a criminal act, his claim could be that you are a criminal and will misuse the divided assets. Kinda put ya over a barrel, he did.

Don't spend any of the money. Hire an attorney, get legal advise on how to deal with this, then pay him extra to get your divorce done for you, if that is truly what you want. Better to have a "head start" rather than try to find one in a hurry when he has legal papers served on you with the "upper hand".
Report (0) (0) | earlier
OKAY YOU AND HEM NEED TO TALK BAD?
Report (0) (0) | earlier
If the account is joint, you have the right legally to withdraw ANY monies in it, no matter WHERE they came from.  That would be true if *I* were the other account holder - "joint" means it's yours AND it's his.

If he took the loan out and didn't protect the money to his satisfaction, that's HIS problem.

If you're in a community property state, the money was yours already - community property does NOT mean "half-and-half" - it means it's YOUR money and it's HIS money.  Of course, it also means his DEBTS are your debts, too - but collection companies will come after the person who signed the loans first every time.

Head for the hills NOW, honey.  He's about a half-step away from turning violent.  Good luck.
Report (0) (0) |   earlier
Why do you want to stay? If it's come to him buying you off, it's past time to go.
Report (0) (0) | earlier
If he took out the loan how can you be in trouble?

Lawyers do try to milk divorces for every penny they can. They often collude to insure both get a much as possible.

Try to find a lawyer that does community service work and find out about the loan problem and then proceed with the divorce. If your husband is threatening you with criminal charges on the loan what else will he do to you.
Report (0) (0) | earlier
Where did you withdraw the money from? Did you sign his name to the loan?
Report (0) (0) | earlier