If someone swears/signs an affadavit in front of a notary and lies, is it perjury?

Question

Just found out that my husband took a line of credit against our home to buy land in the country without disclosing our marriage to the lender.

Even though my name is not on the title to the house (he bought it before we married), it has accrued significant value/equity since our marriage. Also he has of course not put my name on the title to the land he recently purchased.

On the "affadavit of borrower" there is a part that says that he is single (if married spouse must also sign).

He signed this affadavit and other papers pertaining to the loan in front of a notary to get this line of credit/loan.

Is it then considered perjury?

Anyone have any idea's or thoughts on this whole subject?

Answer 1

Whether it is perjurious or not depends on if the marriage matters. If you don't gain an interest in the house just by being married, it really doesn't matter anyway.

However, if you live in a state like California where it doesn't matter if a spouse is on title or not, they still have ownership, then yeah, he can be in deep kimchee when the lender finds out. They will demand their money back immediately on grounds of fraud, unless you sign onto the loan.

Good luck with that.

GABE: Sometime before you take the Bar Exam, you need to check your definition of "Perjury" again. It doesn't matter whether it's in a Court of Law, what matters is that it is a) under oath, b) false, c) the person swearing knows it is false, and d) is a 'material matter'.

THINK!: If 'perjury' only applies to in-court statements, what is the point of swearing an oath to Depositions, Wills, Deeds, Mortgages, and countless other things that are not sworn to in a court, and not even necessarily before a Judge or other Officer of the Court?

BarB: In my state, you'd be correct, but in many states, you'd be dead wrong. She didn't say where the property is located, so neither of us know whether she owns an interest in the property or not.

Answer 2

It is perjury. Depending on your state, it may also be title fraud, because in many states, the spouse of a married person has an interest (known as 'dower') that becomes possessory when the spouse who owns the real estate dies. It is in those states that the title company requires an affidavit of non-marital status.

Ultimately, of course, it's a repudiation of the marriage and a declaration that he will continue to spend money on his mistress (whether that mistress is a s l u t or drugs or gambling, she's still his mistress and she is more important to him than your marriage).

Dump the bastard. Life is too short to stay after this kind of betrayal. And get a good accountant as well as a good lawyer: this piece of work is secreting assets to keep them from you. Vacuum him out thoroughly. Remember to sweep the checking account immediately after the next direct deposit. (If he does not have direct deposit, or if he discontinues direct deposit, it should be a red flag to you that he's planning to clean _you_ out.)

Answer 3

it is not any longer perjury, it fairly is making a faux assertion- distinctive crimes. Perjury is a criminal act and you're sentenced to reformatory time. A fake assertion is mostly a tortuous action which could carry approximately economic damages being offered to the injured occasion. in spite of the undeniable fact that, if someone has been deposed via the court docket and is giving an respected deposition or making a assertion directly to regulation enforcement workers or judicial workers which could be seen perjury.

Answer 4

He bought the house before you married him and your name is not on the title. You have no say in what he does concerning it.

You cannot prevent him from selling it or borrowing against it. Neither are you responsible for any debts incurred with regard to the property.

The only things to which you have claim are those assets obtained AFTER you were married.

If he faked information to get the loan,that is his problem - not yours. If he defaults on the loan, you will not be held responsible....

If you split up, you are not entitled to any part of the equity in the house.

This is a bad deal all around for you.

Answer 5

I am both a Notary Public (FL) and a Law School Student (though I specialize in Criminal Law).

Perjury is the crime of lying/falsifying information IN A COURT OF LAW.

Often a form you are filing/signing will suggest that falsifying information thereon is a form of perjury, such is not the case.

Is this a form of fraud? YES!

Is this perjury? NO!

Hope this helps you.

Answer 6

It depends upon the law in your state. In CA, lying in an affidavit or declaration is only perjury if the statement contains language indicating that the statement is made under penalty of perjury under the laws of the State of CA. Your state may have different rules.

Answer 7

Yes, this is perjury and fraud. You need to consult an attorney to protect yourself as your husband does not seem to have your best interests at heart.

Answer 8

Bill Clinton lied in front of a grand jury and got:

-disbarred
-impeached

Answer 9

Yes it is.