Legal Question in Credit and Debt Law in California
My husband and I are separated. Before papers were filed I authorized myself as a user on his credit card and used it to pay household bills for the home we share. Now he is threatening to file fraud charges against me. CAn I be charged with fraud for this? He didn't know I had authorized myself.
3 Answers from Attorneys
He can't file fraud only the DA can do that but he can file a complaint.
While you were married, all the debts would probably considered a community property debt. Therefore no fraud.
I disagree with Mr. Marman. You do not say how you made yourself an authorized user on the account, but I cannot think of any way you could do so without it being fraud of some kind. Since the debt is community debt anyway, your husband would seem to have no damages from civil fraud, but Mr. Mataele is right that he could file a criminal complaint with the DA, as could the credit card company.
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