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RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 13494
Experience:  Experienced in multiple areas of the law.
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If a couple is planning to separate and one has charged on

Customer Question

If a couple is planning to separate and one has charged on their credit cards, buying things for household and kids.... but that spouse name isn't on credit card... can the other spouse charge fraudulent charges against that spouse that charged those charges
Submitted: 1 year ago.
Category: Family Law
Expert:  RobertJDFL replied 1 year ago.

Thank you for using Just Answer. I look forward to assisting you.

If the spouse was never added to the credit cards, and used them without consent and without knowledge of the other spouse, yes, they can file a police report for identity theft and fraud. Further, in a divorce, it is possible that the spouse whose cards were used could argue (and win) that the debt was not incurred for the benefit of the marriage (thus making it the sole debt of that spouse versus marital debt) or that they wasted marital assets through your spending without permission and through purposeful concealment.

Even if they believe that the other spouse "knew" or should have known that this was happening, generally you cannot, without a signed power of attorney, sign another spouse's signature to a document, especially one that creates a legal liability for them.

If you need clarification or additional information, please REPLY and I'll be happy to assist you further. Otherwise, kindly remember to leave me positive feedback, as that is the only way experts on this site are compensated for their time and information, even if you have previously left a deposit. Thank you!

Customer: replied 1 year ago.
thank you....
Expert:  RobertJDFL replied 1 year ago.

My pleasure! Please remember to leave a positive rating/stars so that I am credited for my time, and have a good night!

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