Is it considered fraud if a husband opens a charge account for his wife under her instructions to do so?

Get Legal Help Today

 Secured with SHA-256 Encryption

Is it considered fraud if a husband opens a charge account for his wife under her instructions to do so?

My wife asked me to open a credit card account for her on-line because she couldn’t be bothered or didn’t know how. the card arrived and we used it during a move. now the marriage is going bad and my wife is now trying to claim she knew nothing about it and that the account was opened without her knowledge. Is this considered some form of fraud?

Asked on March 27, 2011 under Criminal Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

There's the legal answer and the practical answer:

Legally, it would not be fraud--which, after all, involves a misrepresentation or lie--against the wife if it was done as per the wife's instructions. (It may possibly be a fraud vis-a-vis the credit card issuer, if in opening the account you represented to them that you were your wife--e.g. you made misrepresentations as to your identity.)

Practically, if she claims that she had no knowledge and you committed fraud, then it may be difficult to prove otherwise if it's just your testimony against hers. You should look for anything you have--emails, text messages, etc.--which would support that you did this with her knowledge, encouragment, and consent.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption