Legal Question in Credit and Debt Law in Missouri
credit card law
If your spouse uses your credit card without your permission for purchases or ATM use,is that considered fraud or is the other spouse liable?The card is in one name only but the one who's name is not on it is the one that used it.
1 Answer from Attorneys
Re: credit card law
Technically the merchant who accepted the card has not been paid. If you did not authorize the use of the card you can write to the bank card issuer and tell them that the charges were unauthorized. The merchant will wind up contacting your spouse to make good on the charged amount. If your spouse cannot make good on the charged amount, he or she may face criminal charges of theft by deception. They may also be civilly liable to the merchant and to you for any damage done to your credit.
As a practical matter, unless you want your spouse to get in a great deal of trouble, you should probably endeavor to keep the cards out of the spouses hands.