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JoeLawyer
JoeLawyer, Attorney
Category: Bankruptcy Law
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Experience:  Attorney in the practice of Bankruptcy Law since 1996
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This isnt a Mental Health Question but financial/legal??

Resolved Question:

I'm unsure where to turn, my brother's wife has ruined his credit by taking out cc in his name & not paying, she has been the sole control over finances as my brother travels. Shes claimed bankruptcy for her busness & refuses to reveal any info, my brother found she has 3 bank accounts with balances & cc in only her name that she refuses to reveal . He wants marriage to work but shes unwilling to discuss prior finances or current accnts in her name, is he going to be liable for any misuse of accounts that are in her name only. If so, what advice can/should he pursue to avoid claiming bankruptcy? This financial stress has lead my brother to self admit himself to behaviour counseling resulting he was greatly sleep deprived & with the influence of alcohol, got to a paranoia state. For his health and
Submitted: 2 years ago.
Category: Bankruptcy Law
Expert:  JoeLawyer replied 2 years ago.
Question: Is he going to be liable for any misuse of accounts that are in her name only. If so, what advice can/should he pursue to avoid claiming bankruptcy?

Answer: Not normally. A spouse is not normally liable for the debts of the other spouse gotten in only the other spouse's name.

However, if the other spouse forged his name on a credit application, etc, it may cause issues for him since he may be called to prove he did not sign the application.

Also, if they own property together, particularly real estate, and she gets sued, a judgment lien could attach to their joint property which could cause him some issues. Hopefully her bankruptcy will prevent any future collection activities against her.

I'm sorry to hear about his predicament. If his wife is unwilling to share financial information or is dishonest about financial information, I would suggest he seek couple counseling since trust within a marriage is essential.

Good luck,
Joe

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
Customer: replied 2 years ago.

Thank you for your information, it was helpful... I just had a follow up question.

 

There were some credit cards she applied for in both of their names without his consent...however, when he contacted the credit card company regarding some suspicious charges, he was told the information regarding that charge on their joint credit card could NOT be disclosed to him. How can the credit card company deny that information? When my brother confronted his wife, she said she was disputing the charge, then later said she was not disputing the charge, she was disputing the charge on to that card, implying she knew the charge was hers and was legitimate, but how can she put a stop to him inquiring information as to what or to whom the charges were paid to??? She still has not filed a dispute. How can he gain access to this information?

Expert:  JoeLawyer replied 2 years ago.
There were some credit cards she applied for in both of their names without his consent...however, when he contacted the credit card company regarding some suspicious charges, he was told the information regarding that charge on their joint credit card could NOT be disclosed to him. How can the credit card company deny that information?

They can't deny access to information if it is a joint account. Both members of a joint account are entitled to account information.

However, if he was simply put on the card as an authorized user and not as a joint obligor, then he may not have access to account data. But, this also means he is not liable on the card so this may be okay.

When my brother confronted his wife, she said she was disputing the charge, then later said she was not disputing the charge, she was disputing the charge on to that card, implying she knew the charge was hers and was legitimate, but how can she put a stop to him inquiring information as to what or to whom the charges were paid to??? She still has not filed a dispute. How can he gain access to this information?


He can't gain access if his is only an authorized user of the account, but he can gain access if he is truly jointly liable on the account. But, if he is only an authorized user then he is not liable on the account.

The fact that they won't talk to him is a good sign that he is probably not jointly liable on the account.

LEGAL NOTICE: I am only licensed to practice law in certain state(s) and I cannot give legal advice to someone who does not reside in a state in which I am licensed, nor shall anything I say in the above answer or elsewhere on this site be deemed legal advice, even to someone who resides in a state in which I am licensed. Fees I receive for answering questions are paid for information, not for legal advice. This forum is designed to provide general information only, and information herein is not warranted to be correct or applicable in any way since laws may have been misinterpreted herein, since laws change from time to time, and since the impact of those laws on any particular situation varies. The information presented in this site shall not be construed to be formal legal advice nor the formation of an attorney-client relationship. Persons accessing this response are encouraged to seek independent legal counsel in their jurisdiction for guidance regarding their individual circumstances. Do not take any action or inaction based on information presented herein since it is informational and may not be accurate or applicable to you; it merely attempts to give you a basis of knowledge to help you formulate questions to ask a legal or other professional in a face-to-face meeting in your jurisdiction. JoeLawyer is an attorney but does not hold himself out to be a specialist or expert in any area, regardless of assertions made by any third party, and any implication of being an expert or specialist herein is made in error. I hope the information presented above is useful to you. Answer above is (c) JoeLawyer. All rights reserved.
JoeLawyer, Attorney
Category: Bankruptcy Law
Satisfied Customers: 767
Experience: Attorney in the practice of Bankruptcy Law since 1996
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