What to do if my boyfriend and his wife have been separated for over 2 years and he just found out that she has opened payday loans in his name?

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What to do if my boyfriend and his wife have been separated for over 2 years and he just found out that she has opened payday loans in his name?

He is now filing for divorce. Will he be liable for these debts? She resides in one state and he resides in another (both community property states). They haven’t shared a home in over 5 years.

Asked on April 12, 2012 under Family Law, Texas

Answers:

Madan Ahluwalia / Ahluwalia Law P. C.

Answered 9 years ago | Contributor

Does he live in CA?

If a debt is in his name, it is his duty to prove that it is unauthorized. He has to deal with it. Either she agrees to opening the loan in his name and agrees to pay it OR he has to fight the issue and prove it. It will be contested issue if she does not agree.

The fact that they live in separate states etc will help him but he has to go through the process of proving it.

Contacting credit reporting agencies will be good place to start. Then he should contact the payday loan company and request info on how loan was opened, if an application was signed etc.


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