Legal Question in Family Law in Alabama
Husband Using Wife's Credit Cards & Refunds
I you have 6 credit cards that are solely in your name then get married, can the new husband legally use them? If no, how can you prove fraud? What if he uses the credit cards then hides the statements? What if he takes the state and federal income tax refunds that were filed jointly and cashes them(forging wife's name)?
1 Answer from Attorneys
Re: Husband Using Wife's Credit Cards & Refunds
The new husband could only use those cards if you had added him to the accounts and the lender approved it. If you didn't do that, and you didn't give him the cards, he used them fraudulently. Proof might be difficult. You'll have to execute an affidavit swearing that you did not incur the charges (usually provided by the lender) and you might want to start documenting when and where some of the charges were made so you can prove you weren't there. You'll also have to be able to prove that you did not allow him to have access to the cards (a frequent problem with fraudulent use among family members, you'll need to prove that you didn't let him carry the cards or allow him to have access to them.) It will help to file a police report-assuming he really did steal the cards and you did not provide access. Forging your name on the refund check is easier. Get a copy of the check from your bank or the government and file a police report for forgery. Hopefully, providing the lenders with copies of the police reports and documentation showing you didn't allow him to use the accounts and you didn't incur the charges yourself will be enough. It still might be an uphill battle, however.