Identity Theft by my spouse

[M.J.J.]

What is the name of your state? Michigan
I have just very recently discovered that my wife has had 9 different credit accounts opened up in my name and racked up about 12,000 dollars in debt, these acounts have all been opened for 2-3 months. I never gave her my authorization or consent to do this, nor would have allowed this, due to the fact that I've always kept only one credit account (a visa card) and have stayed responsible on how I handled it along with my credit reports, she did all this over the internet.
Some of the credit accounts are now starting to show on my reports and now that she has been found out, she has given me the mail that she has been hiding from me all this time, (relating to these accounts). back ground on her: she has had to file personal bankrupcy 2-3 years ago for judgements against her in her name for credit card problems.( my wife has a serious problem that she is now seeking help for).
As I understand it, I would have to go to local police to get a police report filed,send a copy of that and write letters(sending them certified, with return reciept) to all the creditors and credit reporting agencies to straighten this all out. I've already dealt with some on the phone, informing them that this is identity theft,
when I go to the police, am I required to press charges on her?
What options do I have? and is my info correct on how to proceed?
I am not a vindictive person, and despite this, must try to proceed with caution to protect my children and the destruction of my family, in this situation. ( if credit companies come after her there is'nt much I can do about that) Any Info, advice, would be appreciated. ( It won't do the credit companies or our kids much good if she's sitting in jail, and if I divorce, i'll end up with half the debt, attorney bills, and struggle with working, not to mention taking care of the kids alone) sorry, did'nt mean to get long winded.

 

[bigun]

Here's an excellent step by step process from the FTC on how to handle ID theft.
http://www.consumer.gov/idtheft/
The only thing I'd add, is do all mail, CRRR.

 

[M.J.J.]

Thanks Bigun, that site is helpfull

Any other replies with good advice are appreciated.

 

[racer72]

Visit a divorce attorney???

 

[M.J.J.]

No real need to as of yet Racer

No I hav'nt racer, I live in a community property state, so in the event of a divorce I would end up with half of those debts.
However, if I pressed charges on her (first time offender, when getting police report cop told me it's my word against hers, and if convicted would'nt see jail time)and was convicted, she would end up with all of it, because it would then be debt incurred by comitting a crime, so it would fall on her.
Ok say she's convicted, (which, really she deserves) who in their right mind is going to hire a person with a feloney for fraud on her record. Divorce would further complicate matters concerning the childrens lives, she would'nt be able to get a job to pay off those debts, and I would probably be stuck with her attorney bills, not to mention temporary support, along with child support and with daycare expences. where do I live in the meantime, and be able to pay for it
My best option is to have these accounts put in her name, with debitors anonymous working with her to pay them off. when that's all done, I'm strongly considering legal seperation,and then latter if need be divorce,(but as a very last resort) My wife has a serious sickness that needs to be dealt with, but my children still need a mother, and a family to continue to develope properly as they grow up. Now if the credit card companies go after her, that's an entirely different matter all togeather. I should have my police report in the next couple of days, then I can continue on with the process of trying to straighten this out.

 

[bigun]

Michigan is not a community property state.

Holding title to real property is a type of ownership available to married couples only. There are currently nine states which offer community property status. These states are: Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin. The "marital property act" defined Wisconsin as a community-property state, but individual circumstances will dictate hot this act is interpreted.

You really need to follow the FTC's advice in the link I provided. Just getting a police report is only part of the process.

 

[M.J.J.]

I stand corrected bigun, however

An attorney that I had previously talked to had told me that in the event of divorce all assets and debts are divided equally.
custody is usually joint with mother being custodial unless I can prove I spend greater amount of time with them, or the court determines it's in their best interests to be with me.
I have been at FTC site, I'll go back and see if I'm doing every thing right

 

[bigun]

I'd suggest you see another lawyer. No way you'll get hung with debts created by fraud.
Just follow the FTC templates and send all of that stuff to the creditors and let them do what they will. Financially speaking, they're the injured party.

 

[ghostwood]

Based on my own expriance I was told that as your wife she can use your income to open an account. Your info should have only been used as extra income unless you co-sign. You can do the same to her. If she had to fill out a credit app and put your name down and signed as you, that is a different story. what you can do since it was done online is contact the big three (credit reporters) and tell them the info has been reported incorectly on those accounts.
then ask to verify that the terms and conditions of the loan to be checked. Tell them the incorect information is that you are on the loans.There was no signature on line. You can tell them it is possiable a merge in credit error and that it is only her account. Tell them to take you off and only your wife should be on those loans because you have seperate bill and have not profited or gained from them in any way. Otherwise your wife could be charged with unlawful enrichment by using your info without your
"knowledge"

Again, im not a lawer. I am not telling you to do this. It is just a couple people mouthing off about what they would do.

 

[M.J.J.]

She opened accounts in my name and then put herself on as an authorized user

With out my knowledge, consent or authorization.
update: I've filed a complaint with police, and have went to records and filled out a form for request under the Freedom of information act, for a copy of the complaint, to make more copies to send to the 3 credit reporting agencies and all the credit accounts opened in my name by her( 9 of them), along with the affidavits that are also available from the federal trade commission. When I get the police report, i'll be sending out 12 or so certified return reciept letters. If it happens that the credit accounts come after her, then it will become her problem to pay them back. If one or more decides to prosecute her, then I guess she'll find out why you don't use people's personal ID with out their knowledge and consent.
ghostwood- She did at one time use my Income to obtain credit in her name only to screw up her accounts and have to file for bankruptcy in her name. This is totally different now.

 

[ghostwood]

Well, I hope it works out for you then. It did for me. good luck.