is it legal for a wife to get credit cards under husbands name without his consent of is it forgery ?

Question

happen to friend and didn't think it was legal especially if they for some reason were to seperate his credit would be shot if not payed off.

Answer 1

A wife can get a credit card in her husband's name. It is perfectly legal and none of your business. Why are you trying to cause trouble between them?

Answer 2

Husbands and wives may do lots of things for convenience that are illegal, but it's still illegal. They may sign each other's name on a check when the other spouse is unable to -- but that should always be with permission AND permission should be requested every time. If a spouse needs to routinely handle business for their partner, they should have either a written limited or general power of attorney that gives the husband or wife authority to act in their spouse's stead.)

I am not a lawyer, but if the husband decided to hire one, the wife would be in big trouble.

She should DEFINITELY NOT be opening accounts of any kind in her husband's name without his consent. If she had his consent, it could be argued that she was getting the credit card on his behalf (i.e., filling out the paperwork for him, but he's really the one applying for the card). He would still have to be the one signing the application, acknowledging that the information provided is true.

If you read the fine print on most credit applications, there's usually a warning against defrauding the credit card company. And using someone else's information and signing their name on a credit card application is likely fraud, as well as forgery. This is the same if you're signing your dog's name, your child's name, or your mother's name. If you are not the person, you should not be using their name, signature, or credit.

Putting it the other way, how would the wife feel if someone close to her were using her name to open accounts, run up cell phone bills, etc. This is what identity thieves do.

Even if they stay together, if she runs up bills that aren't paid, his credit would be shot. If your friend is the husband in this situation, he should immediately get hold of the credit card and CANCEL IT directly with the company. Since they think he's the credit card holder, this shouldn't be too difficult. He'll likely have to pay off any outstanding balance, however.

If the wife is this desperate, the husband should probably also contact the 3 credit reporting companies and put a fraud alert on his credit report. He has to do this with all 3 credit reporting companies because they're not connected other than that they do the same service.

As I understand it, all he has to do is let them know he suspects identity thieves may attempt to hijack his identity. This is a great inconvenience to him but every time an attempt is made to verify his report, he will be notified. Since I've never had to do this myself, I'm not sure about the details, but he may need to do this if he can't trust his wife.

Answer 3

Cards For Husbands

Answer 4

If someone uses your identity to open a credit account without your knowledge or consent, we call that identity theft. However, I'm not sure if there is any exception for spouses. Your friend may want to consult an attorney licensed to practice in his state.

My initial thought is that this is a case of identity theft and your friend should be able to resolve this by following the instructions provided on the FTC website:

http://www.consumer.gov/idtheft/

Answer 5

when you get married to someone you become one in the same person in the eyes of the legal system. you can sign each others name etc. though in some situations you need a power of attorney...but i have gotten credit cards in my husbands name and he in mine. if they aren't abusing the card then it shouldn't be a problem. he shouldn't have married someone he can't trust with that kind of power....
here's an example...two people are married, one is in severe debt and dies...the living spouse is almost always left responsible for paying off the other's debt...
This is so because when you get married 2 become 1. You take on the debt and responsibility of your partner. though some laws vary greatly from state to state. Have your friend check your state's laws...I suggest a yahoo search or simply ask an attorney in your area.

Answer 6

"when you get married to someone you become one in the same person in the eyes of the legal system. you can sign each others name etc."

Sorry, but that is pure NONSENSE ! Where do you get crap like that ??

Marriage does not merge two people's histories, it does not merge their credit and debts and they can not get away with fraud and identity theft by opening accounts in the other's name w/o that person's knowledge !

In those states where community property is the law, then assets and debts AFTER you are married are considered the assets and the debts of both, but PREMARITAL debts remain SEPARATE, as do most assets. It is still against the law to open accounts in the other's name w/o their knowledge or consent.

Answer 7

Well, of course, if she signed his name to the application without his permission, it is not only forgery, but also ought to qualify as mail fraud. She could be in deep trouble.

Of course, if he found out about it and did nothing about it, he'd have a hard time later proving that he didn't authorize it in the first place.

Answer 8

It must be illegal because I know the husband's signature had to be on application.(My husband signed for my credit card in his name when I was married in ny,USA} So if he did not give his consent and did not sign application- the forger had to. Good Luck. Let me know friend did about it. Some lawyers give free consultations. He must call all lawyers for one or at least ask a lawyers secretary. Sharon M.

Answer 9

The account must be opened by the person whose name is listed on the account as the responsible party otherwise it is credit card fraud. If your friend gave their permission to open the account and has their spouse as aauthorized account user then the spouse can use the credit account even though it has your friends name on the account.

Answer 10

Yeah I agree with what's been said so far