What to do if I went through a divorce over 3 years ago and my ex-wife kept the house but never put it in her name and now she is losing it?

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What to do if I went through a divorce over 3 years ago and my ex-wife kept the house but never put it in her name and now she is losing it?

She also secretly kept a credit card and ran up over $13,000 in debt and not paying. This is ruining my credit.

Asked on December 21, 2012 under Family Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You can sue your ex-wife for any debts she incurred by using your card without permission (which is a form of theft) or any costs or losses she caused you by violating the terms of your divorce decree or agreement, which are enforceable.

You should, of course, immediately cancel any credit cards she has used or may have access to, and report this unauthorized use to the credit card issuers

Since some of what she did is theft--at least as long as she did not have some reason to think she had the right to use the credit card (if she did, then it's not a crime, though you could still sue her for the money)--you may wish to file a police report; this could help you in any subsequent litigation, by providing evidence that her use was unauthorized.


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