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What Can You Do if Your Ex-Spouse Opened Credit Cards in Your Name Before the Divorce

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  • 07-14-2016, 11:21 AM
    grandy1970
    What Can You Do if Your Ex-Spouse Opened Credit Cards in Your Name Before the Divorce
    My question involves a marriage in the state of: Missouri

    My husband's ex spouse took out credit cards in his name during their 15 yr union without his knowledge or consent. they have been divorced for 3 years. She did not disclose these in the divorce. We only found out recently when we applied for our mortgage. Of the three found on his credit report as still open, only one has an active balance and is being actively used. We sent letters to all three creditors and the two unused accts have been closed. The one being used since the divorce is still active and in use. Since he never even knew these cards existed and she continues to use one of them, would that be fraud? Besides writing the letters to the creditors, what should we do? Also, these aren't joint accounts with her, they are solely in his name.
    She is pulling him back into court for child support modification, can it be addressed at that time?
  • 07-14-2016, 11:41 AM
    llworking
    Re: Divorce
    Quote:

    Quoting grandy1970
    View Post
    My question involves a marriage in the state of: Missouri

    My husband's ex spouse took out credit cards in his name during their 15 yr union without his knowledge or consent. they have been divorced for 3 years. She did not disclose these in the divorce. We only found out recently when we applied for our mortgage. Of the three found on his credit report as still open, only one has an active balance and is being actively used. We sent letters to all three creditors and the two unused accts have been closed. The one being used since the divorce is still active and in use. Since he never even knew these cards existed and she continues to use one of them, would that be fraud? Besides writing the letters to the creditors, what should we do? Also, these aren't joint accounts with her, they are solely in his name.
    She is pulling him back into court for child support modification, can it be addressed at that time?

    Its probably a joint card. It appears that she is regularly paying the payments, therefore I do not see how he can prove it as fraud. If he wants to handle it in court and handle it at the same hearing where the child support modification is being heard, then he would need to file a motion and ask that the motion be heard at the same hearing as the child support motion. Depending on the local courts, it may or may not be possible for both issues to be heard together.
  • 07-14-2016, 11:56 AM
    grandy1970
    Re: Divorce
    per his credit report is an individual account to a female clothing store....
  • 07-14-2016, 11:59 AM
    Dogmatique
    Re: Divorce
    Quote:

    Quoting grandy1970
    View Post
    per his credit report is an individual account to a female clothing store....

    Makes no difference. It could be an Adam & Eve card, for all the court cares.
  • 07-14-2016, 12:30 PM
    budwad
    Re: Divorce
    I don't understand what the problem is. The card is current and the EX is paying the bills, yes? Just close the account. If it is reported as paid as agreed, it may benefit him on his credit report.
  • 07-14-2016, 12:31 PM
    llworking
    Re: Divorce
    Quote:

    Quoting grandy1970
    View Post
    per his credit report is an individual account to a female clothing store....

    They were married for 15 years. He cannot prove that he did not know about the card or did not agree to the account being opened. He cannot even prove that he has been harmed by the account being open as she apparently is paying it just fine. His only possible option at this point would be to ask the court to order her to close the account and pay it in full. I do not see him getting anywhere else with this.
  • 07-14-2016, 12:45 PM
    grandy1970
    Re: Divorce
    OK, just seems fraudulent to forge someone else's name to a credit card application, fail to close or even disclose it upon divorce and continue to use it for three years even if you do keep it paid in full. What if she doesn't pay, he is stuck with the unpaid balance?
    Thanks
  • 07-14-2016, 01:18 PM
    Dogmatique
    Re: Divorce
    Quote:

    Quoting grandy1970
    View Post
    OK, just seems fraudulent to forge someone else's name to a credit card application, fail to close or even disclose it upon divorce and continue to use it for three years even if you do keep it paid in full. What if she doesn't pay, he is stuck with the unpaid balance?
    Thanks

    Was this an online application? If the answer is "yes", then it would be terrifically difficult for him to prove that he didn't apply for it and/or wasn't aware of it.
  • 07-14-2016, 01:22 PM
    grandy1970
    Re: Divorce
    It was 2002. We have no way of knowing how she applied.
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