Legal Question in Credit and Debt Law in Wisconsin

credit card applications

My husband(soon to be ex)obtained a credit card without my knowledge. In Wisconsin isn't it the law that I should at least be contacted that he was applying for one?


Asked on 8/26/06, 12:58 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

Ex-Husband Obtained Credit Card Without Spouse's Knowledge

Unfortunately for you, Wisconsin's Marital Property law allows the creditors of one spouse to collect from the other. You should have been sent a "tattletale notice" when he applied for the credit, which would have given you the opportunity to object to it. However, your actual receipt of the notice is not required. It is still possible, though very difficult, to challenge such charges on the grounds that the charges were "not in the interest of the family." In order to succeed in such a challenge, you must overcome a presumption that they were in the interests of the family and therefore collectable from you. Bankruptcy options may offer you the most practical relief, assuming that the debts are large enough to justify it. Another option is going back to family court, since he presumably did not disclose this debt during the divorce. The family court would probably assign the debt to the "Ex" in such a circumstance, although the creditor would not necessarily have be bound by the family court's order, and could still pursue pursue you for the entire amount (which you could in turn try to collect from the "Ex."

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Answered on 8/28/06, 10:42 am


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