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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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I and my wife signed a marital consent form under the family

Resolved Question:

I and my wife signed a marital consent form under the family home protection act it was witnessed by a banker but in fact he witnessed after the event then we divorced she said she signed nothing yet there are 3 signatures on the document my signature my wife's signature and the bankers signature as a witness the bank accused me of signing her name which I did not and both signTures are witnessed is the bank liable seeing as they witnessed both signatures?
Submitted: 3 years ago.
Category: Law
Expert:  Buachaill replied 3 years ago.

Buachaill :

1. Can you better explain your situation please. The Family Home Protection Act is for the protection of your wife. However, if she signed, then her share in the home could have been validly charged or mortgaged by the bank. How are you saying the bank would be liable? What is the current situation with the bank? Are they trying to take the house?

Customer:

no they are accusing me of signing her name on the document even though it was witnessed after the event by their employee

Customer:

I lost my job over it

Customer:

What I am asking is that the bank accused me of signing her name even though they witnessed both signatures after the event occurred so do I have a case for breach of contract I worked for a subsidiary of the bank with separate employment conditions and I did not sign her name she signed thanks

Buachaill :

2. Before you sue for breach of contract or for defamation, you need to get a graphologist to ascertain the fact that this is actually your wife's signature. If it cannot be provide that it is her signature, then you will have no cause of action.

Buachaill :

2b. Sorry that should read "If it cannot be proven..."

Buachaill :

3. Basically, it would be better for both yourself and the bank if it can be shown that this is the signature of your divorced wife. So there is no point in fighting with the bank until you get this issue out of the way.

Buachaill :

4. Then the agreement with the bank can be enforced against your wife, if that is what you want.

Buachaill :

5. Otherwise if you don't want the agreement with your divorced wife enforced by the bank, then you had better take the slur on the chin and keep quiet.

Buachaill :

6. But if you are going to sue the bank for defamation or breach of contract, then you had better win, because the bank won't keep you as an employee if you loose.

Buachaill :

7. Ultimately, what I am saying is that you cannot have it every way. You cannot sue the bank successfully, continue as an employee and have a bank at a loss.

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