Legal Question in Credit and Debt Law in Illinois
Ilegal name usage (not married)
My future fiancee has an ex who has been using his last name. She has her name on a loan that they got together and her last name has been changed to his on some documents. Also her social security number is in his last name. She does not want to change it over voluntarily is there anything we can do legally without getting him in trouble. I will NOT be marring him until this is cleared up.
2 Answers from Attorneys
Re: Ilegal name usage (not married)
There is little you can do. Provided she is not attempting to defraud others, which may or may not be the case here, she can use any name she chooses. If she is attempting to defraud others, and this is adversely affecting your "future fiancee," he can put a fraud alert on his credit report, and contact your local state's attorney.
When you say her SSN is in his last name, I am not sure what you mean, nor how you would have that information. If what you mean is that her name and information appears on his credit report, then have him write to the credit reporting agencies and tell them this is an error. Provided he did not commit any fraud, I do not see how any of these actions would result in "getting him in trouble."
I am confused regarding the term "future fiancee," since it seems to me you are either engaged or not, and hence, either he is either a fiance or not. (By the way, just for reference, fiancee is the female, and fiance is the male. Sorry, I cannot seem to get those little accent marks ` to go where they belong.) And since it is apparently important enough to you to mention it, I'll contribute my two cents. To NOT marry him because of matters outside of his control, or mistakes he has made in his past, may be something you should reconsider, assuming he is otherwise fine marriage material. Most of us have made relationship errors in judgment in our past. But, what do I know....
Re: Ilegal name usage (not married)
I am a bit confused. Was the ex married to your future fiancee? If she was not married to him then why and how did she start using his last name? In order to use someone's last name you either have to do so via marriage or you have to go through a name change with the court. It can be said that if neither of the two events took place then she has taken part in a fraud. However, did your future fiancee allow her to use his last name for the purpose of obtaining the loan? What other documents did she use his last name on?