Legal Question in Credit and Debt Law in Virginia

Re: legal issue

This is NOT an easy question. My answer would be

no, you cannot, unless you charge things that you

DO NOT PAY FOR (thus effectively stealing money).

Note that my answer is based upon the fact that this is your husband, with whom you share marital property in common, and effectively own everything in common together with him.

However, I have seen a person prosecuted for

this. I think that most prosecutors would

laugh at the idea of prosecuting anyone for this,

in the husband-wife context, particularly if it

looks like one spouse is using the charge against

the other for some other purpose. But I do know

of at least one prosecution.

I would definitely recommend seeing an attorney.

First, though, I am baffled as to why you would

do this, since the card would presumably be in

the husband's name.

If you are still married, and the card is in

your name, and you make all of the payments, I

would find it very unlikely that you would get

into any trouble.

I would explore getting a pre-paid credit card

and starting to establish credit in your own

name, or get a debit card from a bank account.

Then quietly cut up the credit card and put your

mind at ease.

Re: legal issue

Last year a client now based somewhere in Southeast Asia engaged my services to investigate the status of some felony warrants(including several failures to appear)he had picked up in the previous three yearsout in Loudoun County. This gentleman had signed his wife's name to a credit card application at the time they had separated in contemplation of divorce. He subsequently made a few charges on the card, all of which he paid off.

Some months later, this person was charged by the Commonwealth Attorney's Office in Leesburg with multiple felony counts involving alleged credit card fraud and unauthorized use. When he finally made bond he subsequently fled to Asia and remains as far as I know a fugitive to this day.

(The prosecutor informed me that as long as the gentleman remained a fugitive, they were not interested in discussing any deals to settle these cases.)