Marital Debt with no assets

[Scammed88]

What is the name of your state? CA

Family member with following issues:

Second marraige for both spouses. Married little over year now.

House purchased in begining of year. Only one spouse (Spouse 1) is on title/loan (more or less for credit reasons - supposedly).

Spouse 2 has been in control of finances. Spouse 2 uses both incomes to pay down Spouse 2 debts (credit cards in Spouse 2 name only). Spouse 2 uses Spouse 1's credit card (unknowingly to Spouse 1) online to purchase items (Spouse 2 is not an authorized user of Spouse 1's credit card). Spouse 2 maxes out Spouse 1's cards.

Spouse 2 files for divorce. Spouse 2 hasn't made recent payments on house (Spouse 2 "in charge" of finances) but took money (current paycheck of Spouse 1) and transferred it to Spouse 2's personal account (not known by Spouse 1) after court filing of divorce papers.

Questions: Is Spouse 2 liable for debt (mortgage and credit card) under Spouse 1's name under marital debt? There is no equity in house.

Has Spouse 2 made "unauthorized" purchases on Spouse 1's credit card? Is this credit card fraud?

 

[LdiJ]

What is the name of your state? CA

Family member with following issues:

Second marraige for both spouses. Married little over year now.

House purchased in begining of year. Only one spouse (Spouse 1) is on title/loan (more or less for credit reasons - supposedly).

Spouse 2 has been in control of finances. Spouse 2 uses both incomes to pay down Spouse 2 debts (credit cards in Spouse 2 name only). Spouse 2 uses Spouse 1's credit card (unknowingly to Spouse 1) online to purchase items (Spouse 2 is not an authorized user of Spouse 1's credit card). Spouse 2 maxes out Spouse 1's cards.

Spouse 2 files for divorce. Spouse 2 hasn't made recent payments on house (Spouse 2 "in charge" of finances) but took money (current paycheck of Spouse 1) and transferred it to Spouse 2's personal account (not known by Spouse 1) after court filing of divorce papers.

Questions: Is Spouse 2 liable for debt (mortgage and credit card) under Spouse 1's name under marital debt? There is no equity in house.

Has Spouse 2 made "unauthorized" purchases on Spouse 1's credit card? Is this credit card fraud?

Yes, because the debt was accrued during the marriage spouse 2 is responsible for 1/2 of the debt. However, its a problem because the debt is entirely in spouse 1's name, and spouse 2 has proven a definite lack of responsibility. Spouse 1 is likely to be stuck with the debt, no matter what the court orders.

Yes, its credit card fraud but since they were married, its really unlikely that Spouse 1 would get a DA to prosecute Spouse 2.

If Spouse 1 has directly deposit for his/her paycheck, that needs to be changed immediately to a new account in his name only.

 

[Scammed88]

Thanks for the reply.

Can the unauthorized credit card purchased be contested by Spouse 1 to his credit card company?

 

[fire1ss]

I know that when I had issues with Capital One they told me that when my (seperated from at the time) wife opened a credit card in my name it was not fraud. She did not list herself as a signer. She purchased everything that was on the card and had it delivered to her home and she signed for the purchases. Their fraud department only took a look because of her signatures on the purchases. They were not interested in the fact that I never opened the account. A spouse can open the account because they have all of the needed information. If someone signs for a card that they are not authorized THAT IS THE FRAUD.

 

[seniorjudge]

Thanks for the reply.

Can the unauthorized credit card purchased be contested by Spouse 1 to his credit card company?

You can contest anything with the credit card company.

 

[LdiJ]

Thanks for the reply.

Can the unauthorized credit card purchased be contested by Spouse 1 to his credit card company?

He can certainly try. It may or may not work. I think that the biggest problem will be that the goods were delivered to his address. (assuming that they were)