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Using Husbands bank Card Please Read

Some of you may recognize my name I'm going through hell with Divorce. Well here's the new blow I got yesterday in the mail. I got a citation claiming "Theft of Money"...they are asking $448. Deposit permitted for this, the police department of pressing charges not my husband. I have not gone to court it's not until 6-2-10 in Milwaukee I'm in Arizona. Now let me explain how this came to be. I left my husband in December...He has time and time again change the locks on the house and at one point boarded up the doors, so myself and my 8 year son could not get out things. We had to stay at shelters and hotels and basically live out of my car. He gave me his card to go shopping I used the card to purchase one way tickets to AZ. I am not a signer on the account...he had his account and we had an account together. He opened that account while we were married is that community property? Ok ladies help me out here! thank you

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Asked by tucsonmomof2 at 8:49 PM on Apr. 22, 2010 in Relationships

Level 4 (36 Credits)
Answers (11)
  • If youre not on the account then its not marital property just like if he used your card and wiped out your account. It wasnt a joint account. If he gave you the card to purchase it he can always say no I didnt and then his attorney would say why would he give you the card why wouldnt he have just bought you the ticket. If you forged his name you are on the hook for it. I would pay it, if you dont they can go after you for theft.

    Answer by okmommy08 at 8:53 PM on Apr. 22, 2010

  • Girl he done sat you up.If you're not on the account, he can say that you stole and illegally used his cards. I would have just asked him to give me cash. There are some very nasty dishonest mean men out here who will try to ruin your life, especially when he realizes you're moving on. It appear that you may face charges on this one, good luck.

    Answer by ambr2006 at 8:56 PM on Apr. 22, 2010

  • YOu are saying that it is the cops pressing charges,not your ex... well I work in customer service for a bank, and have alot of training in regulaitons... the only way the Bank would know that the money was not spent by your husband is if he disputed the charges, if he did that, then in order to dispute the charges, he has to allow charges to be pressed. The bank wouldn't even know if he did not report it. Unfortunetly, its hard to prove that you had his permission to use his debit card. In many states yes, it would be community property, but non the less, useing someone eleses debit/ credit card "without" their permision, is considered theft and fraud... it would be in your best intrest to get a lawyer.. if you do not already have one for the divorce, if you do, you need to let them kinow what is going on asap.

    Answer by Anonymous at 8:56 PM on Apr. 22, 2010

  • No even when your married you need to have two cards with your name on each one. No merchants should be letting you sign for anything without your name on the card.

    Answer by BlooBird at 9:00 PM on Apr. 22, 2010

  • I would talk to a lawyer instead of trying to get advice here. It depends on the laws of the state you lived in AZ is a community property state even if his name is the only one on the account it would still be considered community property

    Answer by Anonymous at 9:01 PM on Apr. 22, 2010

  • Get some legal advice. It may be possible to get out of this one even if the police go for a for a summary judgement. if there is such a thing in the States. Is there any legal aid where you live if you can't afford a lawyer ?

    Answer by janet116 at 9:01 PM on Apr. 22, 2010

  • I agree with the last person. He had to dispute these charges on his account for the bank to get involved. Girl if you can, just pay the money back, or talk to an attorney. I don't know you, but I hate to see your child lose another parent over this divorce. If this man is boarding up the house so you cannot get your things, he is a sicko, and you should be glad you're no longer with him. Do you have family you can stay with?

    Answer by ambr2006 at 9:02 PM on Apr. 22, 2010

  • You need a Lawyer. Its too bad you didn't get advice before you ran off and tried to use his card. WHen planning to leave, always see a Lawyer.

    Answer by Anonymous at 9:52 PM on Apr. 22, 2010

  • Wisconsin is a community property state also but it is illegal for you to use someone else's debit card, especially if you are NOT on the account. NO retailer should have allowed you to use a card that isn't in YOUR name (even if on the account). Your husband DID start these charges, the police wouldn't do anything otherwise. Your husband had to dispute the charges on his card for the police to get involved!! Talk to an attorney in WISCONSIN to see where you stand.

    Answer by tyfry7496 at 11:31 PM on Apr. 22, 2010

  • Id just claim that he bought me the ticket. Your word against his. Most big palces wont allow you to use his card anyway- so Id just keep saying he bought me the ticket!

    Answer by pinkcicle709 at 11:48 PM on Apr. 22, 2010

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