Ex's ID theft thwarts new couple's finances
She agreed to pay off the debt, but it's still showing up on his credit
To Her Credit
Sally Herigstad is a certified public accountant and the author of "Help! I Can't Pay My Bills: Surviving a Financial Crisis" (St. Martin's Press, 2006). She writes "To Her Credit," a weekly reader Q&A column about issues involving women, credit and debt, for CreditCards.com, and also writes regularly for MSN Money, Interest.com and Bankrate.com, and has guested on Martha Steward Radio and other programs. See her website SallyHerigstad.com
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Dear To Her Credit,
My husband was married before. When he and his ex-wife were
still married, she took his Social Security number and got a credit card
(without him knowing about it). Then she stopped paying on it.
When they got divorced, the divorce papers said that it's
her debt, and she agreed to pay it off.
Because the card is under his name and Social Security
number, it's causing problems for us trying to buy a house. Is there any way
that we can get it off of his credit history?
Opening a credit card in another person's name without their
knowledge and authorization is a crime -- even when that other person is a
spouse. It's a form of identity theft. Your husband's ex should have been
prosecuted for her actions.
Your husband may have thought that getting her to admit the
debt is hers, and putting that in the divorce papers, was enough to take care of
the problem. Unfortunately, that's not true.
Creditors are not interested in the contents of divorce
papers. They have nothing to do with it. A creditor has a contract with a
borrower or borrowers, and nothing agreed to between spouses in divorce court
can change that.
The best thing your husband can do, if he hasn't done so
already, is to report this identity theft to the police. This establishes that
he did not open the account. Contact the attorney general and police department
in your state. He needs a police report to prove he is not liable for this
Your husband can send a copy of the police report, along
with a letter of explanation, to the credit card company. He should tell them
that he is not responsible for the account because it was opened fraudulently,
without his knowledge or consent.
He should also send letters of explanation to the credit
Going forward, your husband should make sure his ex doesn't open more
accounts in his name. Identity thieves often strike more than once. He should
check his credit reports on a regular basis. He might even want to put a freeze on his credit and alert one of the major credit bureaus (Equifax, Experian or
TransUnion), so they put a fraud alert on his name. He only needs to alert one
agency -- it will alert the other two.
Just one debt like this can mess up your husband's credit
sufficiently to keep you both from moving forward with your financial goals. If
the amount of the debt is significant, and you cannot resolve the issue
yourself, seek qualified legal advice in your state.
See related: Divorce doesn't dissolve credit card contracts, 7 big post-divorce money mistakes
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Published: January 24, 2014