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My Ex Maxed Out My Credit Cards During Divorce

Published: May 15, 2013

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My Ex Maxed Out My Credit Cards During Divorce

It’s unfortunate, but it happens: one spouse takes advantage of the other during a divorce and drains the family’s financial resources by making selfish, and often unjustifiable, purchases. When this happens, your credit can suffer serious damage that’s not always easy to repair. The first step is to call your North York divorce lawyer as soon as you discover the spending. Your lawyer can help you understand the situation and take steps to fix it right away.

Your Ex and Your Credit

Your North York divorce lawyer might recommend that you separate all your joint accounts as soon as possible. If you’ve already done that and your ex has used your credit cards fraudulently, you’re facing an entirely different situation; if you haven’t, your lawyer will probably encourage you to come to an agreement with your ex about the distribution of the debt and plans for its repayment. In some cases, parties can’t come to an agreement on their own and the court needs to step in.

Fast Damage Control

Talk to your lawyer before you do anything to make sure you won’t negatively affect your case. Your lawyer might suggest that you:

  • Call your creditors. Sometimes explaining your situation can encourage your creditors to give you more time before demanding repayment, which allows you the chance to work things out with your spouse or wait on the court’s decision without damaging your standing.
  • Cancel your credit cards. If your ex still has access to your cards or account numbers, your North York divorce lawyer might suggest that you cancel them to prevent further use and minimize the financial damage.
  • Report your ex for using your cards fraudulently. You can only report your ex for fraud if he or she is genuinely unauthorized to use your credit lines. Check with your North York divorce lawyer before you accuse your ex of fraud, because the consequences are very severe and could harm your case—especially if your accusation isn’t founded on the truth.

Digging Yourself out of Your Ex’s Debt

Your North York divorce lawyer will fight for your rights under the law. He or she might recommend that you talk with a financial adviser who can help you sort out your debts, both marital and individual, and can help you create a repayment plan that fits within your budget.

Make sure your lawyer has an accurate picture of your financial situation by keeping all your credit card statements, bills and other financial documents on-hand. That way, he or she can help protect you from your ex’s bad financial decisions during and after your divorce.

Written by Lisa Gelman

Senior Lawyer

Senior Lawyer Lisa Gelman has over 25 years of family law experience and founded Gelman & Associates to provide strategic legal counsel in family law matters concerning divorce, parenting, separation, and more.

Frequently Asked Questions - property division

The best way to protect your business during a divorce is to designate it as separate property in a prenuptial agreement. Your pre-nuptial agreement will serve as a protection because it ensures that your business is still a separate entity no matter how much your spouse contributes.

No, a limited company is not protected from divorce. Business assets such as shares in a limited company, assets owned as a sole trader, or an interest in a partnership can be considered part of your divorce financial proceedings.

Yes, a business is considered marital property, especially if acquired during the marriage and with joint funds. If this is the case, then its value should be shared by the couple equally upon divorce.

When you separate or divorce, you could be forced to share the inheritance with your spouse if you are not careful with what you do with it. As long as you received your inheritance during the marriage, you can exclude the value of the inheritance you left on the date of separation from your net family property.

If you are legally divorced, then most likely, the division of all of your assets and debts occurred at the time of divorce, your ex spouse would have no right to property acquired after the divorce, including inherited money or personal property received after the divorce.

Future inheritances are not taken into account when dealing with the financial aspects of a divorce, but if it is expected that the person making the bequest will die in the near future, and if the inheritance is likely to be substantial, it may be.

Yes you can. What you can do now is for you and your wife to designate the second home as the matrimonial home, and register it as matrimonial home before the land registry office. After doing so, the first home that you purchased using your inherited money will no longer be considered a matrimonial home. In this case, you can now exclude the amount you paid to purchase the first home from the net family assets.

No. You cannot exclude an inherited property that was already used and no longer existing at the time of separation.

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