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  1. #1
    Join Date
    Sep 2016
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    Default Liability for Debts Opened in Your Name by a Spouse

    If your spouse goes into the hospital and, while she's hospitalized, you discover that she opened credit cards in your name and ran up large amounts of debt, what can you do? Do you have to pay the debt and, if so, what if you're on a fixed income and can't afford to do so?

  2. #2
    Join Date
    Sep 2005
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    98,846

    Default Re: Liability for Debts Opened in Your Name by a Spouse

    One difficulty with alleging that a spouse committed credit card fraud in your name is that the bills would normally have been coming to your home in your name. Another issue is that, should you decide to try to dispute the charges, the credit card company may require a police report or may initiate prosecution, and many people prefer not to prosecute their spouses. Yet another issue is that if the accounts have been in use for a considerable amount of time, the credit card company may be skeptical of any claim that you didn't know about the accounts and benefit from their use, such that you should not be responsible for the debt.

    If this may result in a divorce, it makes sense to discuss your options with a divorce lawyer -- it may be best to handle the debt as part of the property settlement. If the spouse is very ill, or the couple is particularly elderly, it may make sense to discuss debts and responsibilities with an estate planning lawyer who handles elder law issues.

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