Protecting Your Credit

What to do if you suspect your spouse has stolen your credit cards and social security number

You and your spouse may have accumulated debts of various types during the course of your marriage. If so, you are probably concerned about how to divide those debts and what the consequences will be if the debts are not paid.

If a debt was undertaken by you and your spouse jointly (generally the case for home mortgage and car loans, and often the case for credit cards), you and your spouse probably are jointly and severally liable for payment of that debt. This means that the creditor can pursue either or both of you to obtain payment. The creditor (bank, mortgage company, department store, credit card company, etc.) is not a party to your dissolution of marriage proceeding. If you obtained credit jointly with your spouse, the creditor is not bound by any agreements reached between the two of you, nor is it bound by a court order since it is not “before the court" in your dissolution of marriage action. Further, although the court that hears your case has the authority to allocate debts, it may choose not to do so. A creditor can still pursue either you or our spouse for an unpaid debt, regardless of whom the court designates to pay the debt.

It is important to understand, therefore, that even where a court specifically orders that one party is solely responsible for payment of a home mortgage or other loan or other debt, both parties' names remain on the loan or debt and both parties are still responsible for its payment until the loan or debt is refinanced or the house is sold. Transfer of the title of your home by quitclaim or other deed does no in any way alter your obligations under an existing mortgage loan.

A court order or separation agreement may include an indemnification and hold harmless clause. Typically these provisions are used so that a party who agrees or is ordered to pay a certain debt is responsible for reimbursing the other party if he or she winds up paying the debt instead. Although these clauses do provide you with recourse through the courts should your former spouse fail to pay a debt, as a practical matter, if the creditor has been unable to collect from your former spouse, your chances of doing so may be no better.

Please discuss your debt situation with your attorney so that appropriate measure, such as closing accounts, may be put into effect to protect your credit rating and preserve marital assets.

What to do if you suspect your spouse has stolen your credit cards and social security number

Cancel your credit cards immediately. Call the toll free numbers on the backsides of your credit cards. As a precaution, always have the phone numbers, addresses, and account information stored in a safe, yet easily accessible place so that you can make the necessary notifications as quickly as possible.

File a police report immediately. This tells your credit providers that you were diligent, and is a first step towards an investigation.

Call the national credit reporting organizations immediately to place a fraud alert on your name and social security number. The alert means that any company that checks your credit knows immediately that your information was stolen, and must call you to authorize the new credit. This will help to eliminate the possibility of new credit cards and other lines of credit being established in your name without your knowledge.

The credit reporting organizations are:

Equifax

800-525-6285

Experian (formerly TRW)

800-301-7195

Trans Union

800-680-7289

Social Security Administration - Fraud Line

800-269-0271

The Carson Law Firm: Family Law Attorneys -- Serving St. Louis Families for Over a Decade

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This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. Persons accessing this site are encouraged to seek counsel for advice regarding their individual legal issues.

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