Legal Question in Credit and Debt Law in Wisconsin
My sister-in-law is separated from her husband. They live in Wisconsin (which is a community property state) and she could be responsible for the debt he is incurring. He has been asked to provide financial information but has not complied. In desperation to see what kind of debt he is racking up, she pulled his credit report. It seems unfair that a state that would hold a spouse responsible for debt would punish them for inquiring as to what that debt consists of. What type of punishments will she face for this?
1 Answer from Attorneys
I am not aware of the penalties for pulling a credit report on one's spouse and an not even certain that it is illegal if it is done properly and without any sort of deception. She is indeed wise to be concerned and should definitely look for these answers as she is presumed liable for his debts under the marital property law (until a divorce of formal legal separation lawsuit is concluded). In a family court action, parties are ordered to disclose financial information and are potentially subject to contempt of court penalties for failing to provide it. I would therefore recommend that she immediately see both a family law attorney and, if the debts are major, a bankruptcy lawyer. IF there is a chronic inability to agree on financial matters, a divorce or legal separation may be the only way to resolve the issue. My comments in this online forum are offered for public educational purposes only and are not legal advice, nor do they create any attorney/client relationship between us. However, I may be able to formally represent you if you contact my Racine office and make arrangements to retain me. I also represent clients throughout WI.