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Power of Attorney

How can a spouse get their name removed from a car loan when the other spouse was not there to sign for it and had better credit and there was not a power of attorney used?

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2005-11-26 20:45:31
2005-11-26 20:45:31

I'm not quite sure EXACTLY what you are asking, but I'll give it a shot. If BOTH names are on the loan and you want to get one off, the other person has to re-finance the car in just their name. If it's in just your name, then you have to get the other person to assume the loan by applying for a loan in their own name. Basically, you can't just remove a name for any loan you've signed for. Someone else has to refinance in their name, on their credit.

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It would depend on the type of power of attorney. For a general one, yes they can obtain a credit card.

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If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.If you have lost your copy you can ask your attorney, your spouse's attorney or your spouse for a copy.

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A spouse does not automatically have a power of attorney. It has to be a specific document.

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credit card debt is reserved to all the names that were used when the credit card was applied for so even in divorce situations where the judge has split the debt it is not legally removed from you if your name was on the account

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No. A spouse cannot sign legal documents for the other unless there is a Power of Attorney.

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Apply to the probate court with the appropriate documents. If they find the spouse is incompetent, they will grant the power of attorney.

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If a spouse has a credit card in their own name & the other spouse isn't listed on it, bad credit won't affect the second spouse. But, if you both apply for a loan or other credit - the credit bureau will check both parties credit reports.

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It depends on how bad the credit of the other spouse is. If their credit isn't at least decent, getting a joint loan will be based upon the FICO scores of both parties. You won't get to choose the higher score in order to get a good rate. So, it would be best to get separate financing until the spouse with the poor score improves their credit.

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No, your credit rating is separate from your spouse. If he or she cosigns it will only effect his or her credit rating.

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Your spouse must execute a power of attorney that grants you the right to sign legal documents on their behalf. You need to consult with an attorney.

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If your spouse has granted you the power of attorney. Otherwise it would not be valid.

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Your estate will be responsible. Indirectly, you wife will either have to pay it or get a smaller inheritance.

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If the daughter has a valid Power of Attorney then she can sign for the incompetent. The Power of Attorney must have been executed when the spouse was competent and clearly to remain in effect in the case of a later incompetency. In most jurisdictions this would be knows as a Durable Power of Attorney.

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No. Not unless your spouse has executed a Power of Attorney that gives you that authority.

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Yes the debt is paid out of the estate. If the spouse was a partner in the debt, they can be responsible. If they had a card in their own name, they may have to pay. Consult a probate attorney in Illinois.

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Yes, a non spouse can be removed from your home. The police will need to be called and they will escort the person off the premises.

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If the surviving spouse did not sign the credit card agreement then they are not responsible for it. However, the creditors could still come after the deceased spouse's estate (i.e. life insurance) for the balance of credit. You probably want to ask an estate attorney that question.

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Yes. If your spouse is not the father then you have created an unfair and complicated legal situation for him. You should consult with an attorney ASAP.Yes. If your spouse is not the father then you have created an unfair and complicated legal situation for him. You should consult with an attorney ASAP.Yes. If your spouse is not the father then you have created an unfair and complicated legal situation for him. You should consult with an attorney ASAP.Yes. If your spouse is not the father then you have created an unfair and complicated legal situation for him. You should consult with an attorney ASAP.

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That is the decision of a lender not the spouse who wishes to prevent the action.

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You can get a power of attorney form online or at your local office supply store.

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The person with the power of attorney has to sign for the individual.

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I would contact the credit bureaus and file a fraud alert to each of spouse credit report. (IF you file fraud alert with experian or equifax etc, they will add the alerts to all 3 credit reports). The only thing you can't do is file a police report since your spouse is protected from being criminally charged since you are legally married to your spouse and you are required to monitor your identity if your spouse steals it. Certain states do allow spouses to file criminal charges so please contact your Attorney General about possibility of filing criminal charges. 95% of the time the AG will not bother filing charges since you are legally married to your spouse and you are obligated to prevent him from using your identity to establish credit without your consent. Source: I Filed for divorce and tried to file criminal charges against my wife for using my identity to get credit cards but she obtained the credit cards while being married and not being separated which I end up taking the loss for it. You guys need to study Spouse Protection and how it works if your spouse steals your identity. This is why you want to monitor your credit reports no matter how much you trust your spouse. If the identity theft took place during a legal separation or after filing for divorce then you can file a police report and block the inquiries and credit accounts on your credit report and also being able to press criminal charges against your spouse. Reminder: Please put that fraud alert on all credit reports ASAP to stop the damage of your spouse is going to do to your credit if your spouse is living with you at this moment.


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