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If a couple is planning to separate and one has charged on

Customer Question
their credit cards, buying things...
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: 2 years ago.Category: Family Law
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Answered in 15 minutes by:
12/9/2015
Family Lawyer: RobertJDFL, Lawyer replied 2 years ago
RobertJDFL
RobertJDFL, Lawyer
Category: Family Law
Satisfied Customers: 14,189
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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!

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Customer reply replied 2 years ago
thank you....
Family Lawyer: RobertJDFL, Lawyer replied 2 years 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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