Have a situation where a married couple is in process of getting a divorce, but have not been to divorce court yet.
One spouse owned the property before the marriage and had a mortgage on it. Subsequently, the other spouse was added to the deed with a [url=http://www.mortgagefit.com/quitclaim-deed.html]Quit Claim Deed[/url], which was notarized and filed at courthouse.
When they filed for divorce, the spouse that originally owned the house went to the bank and got a second equity loan for all of the equity in the house.
The loan was obtained without both signatures even though both are signed on the
How is this possible?
Are both spouses now responsible for this loan?
If the house is sold, does the equity loan now have to be paid first before the assets are divided?
Or is this an illegal loan?