Soon-To-Be Ex-Spouse Uses Credit Card Without My Knowledge

My question involves criminal law for the state of: TN

Background: Two to three years ago, I opened an account at a local credit union to do a balance transfer to lower the APR on a credit card that had a high balance. Sometime in 2013, maybe early 2014, the amount was paid off in full and the card was left with a zero dollar balance and a limit of $25k. I thought the account had been closed after it was fully paid off. The account lists me as the sole account owner, the only card issued has my full name on it, and the address listed is my parents (that is where we were living at the time). There have not been any charges made to the card for well over a year. I had no knowledge of this account still being open and my wife had apparently stored the credit card in a lock box to prevent use of it. I have changed all passwords and mailing addresses on all of my known accounts, closed accounts that had joint ownership, but never even considered this card since I thought it was closed.

Here are the recent events that have occured:

July 15, 2015 - I moved out of the marital residence and into my parents house
August 5, 2015 - I filed for divorce with July 15, 2015 being the legal date of separation
August 6, 2015 - Wife is served with divorce papers
August 12, 2015 - Wife takes the credit card described above to a law firm and retains a divorce lawyer for $10k
August 14, 2015 - Wife accidentally tips me off that she used the credit card while in the driveway

Tonight I have contacted the bank and turned off the account. The account cannot be totally closed due to a pending $10k charge. I have verified the amount with the bank and the recipient of the $10k is the firm that she retained for divorce. I certainly did not authorize the use of this card and had no knowledge that it was still an open account until tonight. Can this be considered criminal? Can this statute hold: Tennessee Code, Sec. 39-14-118. Illegal possession or fraudulent use of credit or debit card? What do you recommend for next steps and possible charges/repercussions? I will consult with my lawyer on Monday, however it is the weekend and I am too anxious. Thanks in advance for any help.

Why did you not tell the bank that the charge was fraudulent?

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Quoting Roooftop

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Can this be considered criminal? Can this statute hold: Tennessee Code, Sec. 39-14-118. Illegal possession or fraudulent use of credit or debit card? What do you recommend for next steps and possible charges/repercussions? I will consult with my lawyer on Monday, however it is the weekend and I am too anxious. Thanks in advance for any help.

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You can certainly file a police report but it's unlikely that she will ever be prosecuted for it.

Make sure the bank is put on written notice (in accordance with your credit card agreement) that the card was used fraudulently.

When you talk to your lawyer see if a preliminary injunction was served on her with your petition. If yes, she could also be in contempt of court and you can go that route, too.

Bottom line: Be damned thankful she only charged the $10. Could have been a lot worse.

unless you intend on paying the debt and maybe fighting your soon to be ex in court for it, call the credit card company and tell them it was used fraudulently and to reverse the charges.


otherwise you will be held 100% liable for it to the credit card company. Whether you get it back in the divorce or not is something only time will tell.

Unless you attempt to prosecute the matter the credit card company may simply accept it as your debt.


While a prosecutor may not be interested in a situation where a wife has used the husbands card, given you have separated and she used the card knowing of the divorce, they may view it a bit differently.

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Quoting adjusterjack

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You can certainly file a police report but it's unlikely that she will ever be prosecuted for it.

Make sure the bank is put on written notice (in accordance with your credit card agreement) that the card was used fraudulently.

When you talk to your lawyer see if a preliminary injunction was served on her with your petition. If yes, she could also be in contempt of court and you can go that route, too.

Bottom line: Be damned thankful she only charged the $10. Could have been a lot worse.

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Um... Jack?

It was $10k.

I did report the charge as fraudulent through my credit union. Forgot to mention that. They locked the account but could not close it due to the pending charge. Today i went to yhe the credit union to get the account number and date the account was opened. They said that i needed to call visa immediately. Visa was able to shut down the account, change all information (including the account number) and, as a result, the charge will never post to the account. So it looks as though my wife no longer has a retained attorney. The credit union and Visa both said it was fraud, especially since I never even knew about the card. Still very interested to hear opinions and comments.

You DID know about the card, or at least the account. Remember this:

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Two to three years ago, I opened an account at a local credit union to do a balance transfer to lower the APR on a credit card that had a high balance. Sometime in 2013, maybe early 2014, the amount was paid off in full and the card was left with a zero dollar balance and a limit of $25k.

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why you might think a credit card company or bank would simply close an account when you reached a $0 balance is beyond me. They make money off those things so they surely aren't going to cut their own throats there.

well, something you are saying is not ringing true:

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Visa was able to shut down the account, change all information (including the account number) and, as a result, the charge will never post to the account.

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The account cannot be totally closed due to a pending $10k charge. I have verified the amount with the bank and the recipient of the $10k is the firm that she retained for divorce.

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it cannot be both and if it had not posted to the account Visa would not have told you you could not close the account due to the pending charge. Since computer systems are used, posting to the account is almost instantaneous.

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Quoting jk

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You DID know about the card, or at least the account. Remember this:

why you might think a credit card company or bank would simply close an account when you reached a $0 balance is beyond me. They make money off those things so they surely aren't going to cut their own throats there.

well, something you are saying is not ringing true:





it cannot be both and if it had not posted to the account Visa would not have told you you could not close the account due to the pending charge. Since computer systems are used, posting to the account is almost instantaneous.

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Someone is not telling someone else the truth here.

OP, you actually said "The credit union and Visa both said it was fraud, especially since I never even knew about the card. Still very interested to hear opinions and comments.".

How is that remotely the same as you "forgetting" about the card?

Unfortunately this is starting to look like typical divorce fodder.

Throughout our marriage, I worked full time and my wife handled the house and the expenses. I only started looking at things after we separated so I have been playing catch up to find out what is going on and where all of our bills are paid.

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Quoting jk

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You DID know about the card, or at least the account. Remember this:

why you might think a credit card company or bank would simply close an account when you reached a $0 balance is beyond me. They make money off those things so they surely aren't going to cut their own throats there.

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When we opened the account I thought is was a loan, not a line of credit with an actual credit card attached. That is why I thought the account had been closed when it was paid in full, like a personal loan. Admittedly, I did not read all of the paperwork, just signed what the bank gave me to sign. This, however, does not permit an unauthorized user to access an account where they are not listed as an owner.

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Quoting jk

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well, something you are saying is not ringing true:

Visa was able to shut down the account, change all information (including the account number) and, as a result, the charge will never post to the account.
The account cannot be totally closed due to a pending $10k charge. I have verified the amount with the bank and the recipient of the $10k is the firm that she retained for divorce.
it cannot be both and if it had not posted to the account Visa would not have told you you could not close the account due to the pending charge. Since computer systems are used, posting to the account is almost instantaneous.

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When I contacted the credit union they were not able to cancel the charge because the status was pending. On a large amount, like $10k, they have a waiting period before the funds are released. The charge would not officially post to the account until Monday, at least that is what they told me. Visa was able to prevent the charge from posting by changing the account numbers, at least that's what it sounded like. When the pending charge goes to post, it will be declined because that card number no longer exists (I'm not entirely sure I am explaining this right). The systems between the credit union and Visa are not connected and Visa advised me to cancel the account through the credit union on Monday after the charge fails to post. Visa has more power over managing transactions on the card than the credit union does, the credit union cannot alter or dispute a pending charge at any time.

I apologize for my lack of communication skills. My wife would agree that this has been a major contributor to our current situation.

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When we opened the account I thought is was a loan, not a line of credit with an actual credit card attached. That is why I thought the account had been closed when it was paid in full, like a personal loan. Admittedly, I did not read all of the paperwork, just signed what the bank gave me to sign. This, however, does not permit an unauthorized user to access an account where they are not listed as an owner.

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since when did WE have anything to do with this? You said YOU opened it in your name only. Are you saying you sign contracts without reading them?

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When I contacted the credit union they were not able to cancel the charge because the status was pending. On a large amount, like $10k, they have a waiting period before the funds are released. The charge would not officially post to the account until Monday, at least that is what they told me. Visa was able to prevent the charge from posting by changing the account numbers, at least that's what it sounded like. When the pending charge goes to post, it will be declined because that card number no longer exists (I'm not entirely sure I am explaining this right). The systems between the credit union and Visa are not connected and Visa advised me to cancel the account through the credit union on Monday after the charge fails to post.

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either you are not explaining it right or you are not being truthful.


and I think its you. From your first post:

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Background: Two to three years ago, I opened an account at a local credit union to do a balance transfer to lower the APR on a credit card that had a high balance. Sometime in 2013, maybe early 2014, the amount was paid off in full and the card was left with a zero dollar balance and a limit of $25k.

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loans do not have a limit of anything unless it is open line of credit. Whether there is a card involved or not is irrelevant. The lender is not going to close an open line of credit unless the account holder closes it. It is no different than a credit card account other than there is no card involved.

but the "transfer a balance on a credit card" explains it all. You do not transfer balances if you are simply borrowing money. You obtain money from the bank through the loan and send it to your creditor. You then make your payments on the loan,