Is this even legal???

[wildfire02407]

What is the name of your state? Louisiana
My boyfriend and his wife separated January, 2005. During that time she got a credit card in his name by using his financial info and forging his signature on the application. We had no idea this was going on until he put in a change of address and started getting his mail at my address. He called the credit card company and they "investigated" the claim. He got a letter stated that he is responsible for the debt. After calling the company back to find out why he was told that because they still had a joint checking account and a payment was made from it made him responsible. He has two accounts. One is our joint account. The other is only used so he can have money direct deposited and transfered for his childern. He works out of state and they live in Texas. I have looked back into the bank statements from August to now and found no payments, checks written, or debits to this company. How can he be liable for this when he had no idea what was going on and she forged his signature????

[Litigation!]

Originally Posted by wildfire02407

What is the name of your state? Louisiana
My boyfriend and his wife separated January, 2005. During that time she got a credit card in his name by using his financial info and forging his signature on the application. We had no idea this was going on until he put in a change of address and started getting his mail at my address. He called the credit card company and they "investigated" the claim. He got a letter stated that he is responsible for the debt. After calling the company back to find out why he was told that because they still had a joint checking account and a payment was made from it made him responsible. He has two accounts. One is our joint account. The other is only used so he can have money direct deposited and transfered for his childern. He works out of state and they live in Texas. I have looked back into the bank statements from August to now and found no payments, checks written, or debits to this company. How can he be liable for this when he had no idea what was going on and she forged his signature????

My response:

Easy. He is liable for at least these two reasons - -

1. Texas is a community property State; and

2. Until a divorce is final, he owes her a duty to support her AND the children.

While they are married, she is his "agent" and he is her "agent," allowing each of them to sign each other's signatures.

He owes the debt, as well as she owes the debt. If you and he want this stopped, I would suggest that one of them file for a Dissolution of the marriage.

IAAL

[wildfire02407]

She has stopped paying on the card as soon as she went over the limit. I understand that Texas is a community property state, but this was done with no knowledge to him at all. If she can sign his name to a credit app why couldn't my ex sign my name to checks he was stealing from me and him not on the checking account? Looks as if since we were married it would be about the same situation. He has no problem supporting his childern at all. That has NEVER been an issue. He's going to do that no matter what. He does have a problem supporting her and her live in boyfriend when neither one of them wants to get a job. He is not trying to be ugly through all of this, but why should he support her boyfriend too? On top of all of that she has changed the locks on the house and the shed, denied him access to the house and his personal belongings (clothes and tools he either needs for his job or belongs to the company he works for), and has sold a lot of his tools. Threatens him that she will not let him see his son.

[Litigation!]

Originally Posted by wildfire02407

She has stopped paying on the card as soon as she went over the limit. I understand that Texas is a community property state, but this was done with no knowledge to him at all. If she can sign his name to a credit app why couldn't my ex sign my name to checks he was stealing from me and him not on the checking account? Looks as if since we were married it would be about the same situation. He has no problem supporting his childern at all. That has NEVER been an issue. He's going to do that no matter what. He does have a problem supporting her and her live in boyfriend when neither one of them wants to get a job. He is not trying to be ugly through all of this, but why should he support her boyfriend too? On top of all of that she has changed the locks on the house and the shed, denied him access to the house and his personal belongings (clothes and tools he either needs for his job or belongs to the company he works for), and has sold a lot of his tools. Threatens him that she will not let him see his son.

My response:

You know something? I already told you why this is happening to him, and now you're just being obtuse and argumentative. If he doesn't like the "duty" to support her, then get a damn divorce. It's simple.

IAAL

[wildfire02407]

Originally Posted by Litigation!

My response:

You know something? I already told you why this is happening to him, and now you're just being obtuse and argumentative. If he doesn't like the "duty" to support her, then get a damn divorce. It's simple.

IAAL

I'm not trying to be difficult and I understand now why this has happened. What I'm not understanding is if she can act as his "agent" in all situations. Just to give an example. Can she sign his name if she decides to sell the marital home? As far as his "duty" to support her, he don't really have a problem with that. I guess I worded that wrong before. What he has a problem with is supporting her live in boyfriend. Getting a darn divorce is not as simple for some as it is with others. Not everyone has that kind of money to pay the lawyer's retainer fee all at once. Some of us have to save up to do that. I'm sure many people out there will agree. Like I pointed out I'm not trying to be difficult, but if I understood all of this then I wouldn't here asking for help to understand it so you don't have to be so grouchy with your responses. Thank you for your help with the credit card issue. I sincerely appreciate you clearing that up for us.