Legal Question in Family Law in California
Fraud by sponse, seperation
Purchase was made on credit card, spouse decided not to pay due to recent seperation and has made statement that credit union will bring fraud charges against me. Can he deny payment and claim I have committed fraud? What will happen to me? No legal papers done yet as far as a seperation is concerned.
2 Answers from Attorneys
Re: Fraud by sponse, seperation
As to who is responsable, the court will decide that along with the other issues in the divorce. the general rule is that debts incurred after the seperation are seperate debts and not community debts. What you need to do now is either cancel or get your name off all joint credit cards
Re: Fraud by sponse, seperation
The information which you provided is incomplete. Who is the owner of the credit card? Was the credit card in both your name and your spouses name?
Assuming that the credit card either was in your spouses name and your name, or that you had permission of the owner of the card to use it, the threats would appear to empty. It is a common practice for one spouse to make such threats to the other spouse when they are getting divorced.
You should contact an attorney and discuss the matter with the attorney. The cost of seeing an attorney will probably buy you a great deal of peace of mind, and will be with the cost.
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