Who is responsible for credit card debt if spouse forged my name to credit card application?

Answer 1

I am not sure which state you are in; therefore, I will pose my answer to your question using Texas information. You should do further research to see if the same doctrine applies in your state. First, you need to contact the lender to let it know that your spouse forged your name on the application. If your spouse sent the application via mail or fax, then the lender had a duty to verify the applicant and the applicant's signature were genuine. The lender may balk at transferring the debt from you to your spouse. In that case, I would recommend you retain an attorney to file suit against the lender for its negligence. The lender will likely bring your spouse into the suit as a cross-party defendant. All of this gets a bit tricky, which is why I recommend you retain an attorney should the lender not release you from liability on the debt. Lastly, you may have an action against your spouse during the divorce lawsuit under the doctrine "fraud on the spouse." (This is a Texas doctrine to which you should research your state's statutes to see if they have a similar doctrine.) Typically, after divorce, the rights of preexisting creditors are not affected. This means, even if the divorce decree gives one spouse responsibility to pay a debt, if that spouse defaults on payment, the creditor still has a cause of action for collection against the borrower of the loan. Therefore, if the above-mentioned unsecured loan has not been corrected or if it is still pending (in litigation, etc.), you are the liable party as the "borrower." That said, in your divorce petition and during your divorce proceeding you should assert the "fraud on the spouse" doctrine. The doctrine is used when one spouse disposes of the other spouse's interest in community property without the other's knowledge or consent. This would be the case with the credit card monies. If this happened shortly before your spouse left, then you have a good argument here. The court may not make your spouse pay you back, but it may weigh more of the assets in your favor during its division of the community property. (Again, Texas is a community property state. Check your state's marital property laws.) Because of the complexity of this all, I would recommend you seek legal counsel. Best of luck, T.D. Lewis of T.D. Lewis Law Firm, PLLC Dallas, Texas (877)469-5997 www.lewisjustice.com DISCLAIMER: The information contained in this answer should not be construed as legal advice or opinion. It is not an offer to represent you, nor is it intended to create an attorney-client relationship.