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Old 06-28-2005, 10:48 AM
Junior Member
 
Join Date: Jun 2005
Location: California
Posts: 3

credit card misuse


What is the name of your state? California
My husband of 10yrs has abandoned his family a month and a half ago. He is started to apply for credit cards and is charging his existing credit cards. There are over limit charges to a couple of them now. Can he mess up my credit and my FICA score if he is applying for credit and being denied? Do I have the right to freeze OUR credit until we decide to legally separate or divorce? Will I be responsible for his credit cards if he has received any without my knowledge?
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Old 06-30-2005, 01:14 AM
pty pty is offline
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Join Date: Jun 2005
Posts: 141
CA is a community property state, so any debt made by *either* spouse during the marriage, is a marital debt that you are *both* liable for. I always took that to mean any debt made from the date of the marriage to the date of the divorce. However, at this website:

[url]http://www.cyberstation.net/~paralegal/calif.htm[/url]

it states, "Both spouses are responsible for the debts incurred by either spouse between the date you married and the date you separated. In general, you are not liable for the debts of your spouse after the date of separation."

I'm not sure how you 'prove' the separation date though (other than, of course, actually filing for divorce or for a legal separation).

Regarding your joint accounts, you are still liable for those accounts (even after the separation date), since they're in both names. So, you might want to call the creditors to find out what they would require to freeze or even close the accounts. They may do that just based on your request (even without his permission). I'm sure they would require it writing though.

My disclaimer--I AM NOT AN ATTORNEY, and you really should talk to one

Last edited by pty; 06-30-2005 at 01:17 AM.
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