[WA] [WA] Can I shut off my credit cards if my wife is using them without my permission before divorce?
Based on your situation, there are several legal arguments and considerations in Oregon that could potentially support your case:
- Unauthorized Use of Credit Cards: If the credit cards are solely in your name, your wife may not have the legal right to use them without your permission. Unauthorized use can be considered a form of fraud or theft.
- Access to Financial Accounts: For accounts like your Fidelity account, which are in your name only, your wife generally does not have the right to access or manage these accounts without your explicit consent. This includes your stocks, Roth IRA, and 401(k), especially if they are funded solely from your personal checking accounts.
- Community Property Considerations: Although Oregon is not a community property state, marital assets acquired during the marriage may still be subject to division in a divorce. However, accounts and assets in your name alone, particularly those funded by your separate income, might be treated differently.
Let me know if you have any questions or clarifications.
0
Marital Settlement (Divorce) Agreement
Full Conversation
Can I shut off my credit cards if my wife is using them without my permission?
Lexi, Chatbot
I understand how concerning it can be when credit cards are used without your permission. Have you discussed the issue with your wife or tried to come to an agreement about the credit card usage?
I’ve told her not to use my credit cards.
Lexi, Chatbot
Are the credit cards in your name only, or are they joint accounts?
I have not hired an attorney but we are going to divorce.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you? Rest assured they’ll be able to help with your credit card issue.
Yes.
Richard
Hello. My name is Richard and I have been a licensed attorney for over 25 years and hope to be of assistance. I know your question is important. Could you tell me more about your current situation regarding your wife's unauthorized use of your credit cards?
Disclaimer: This conversation does not create an attorney-client relationship. I can answer your questions for educational purposes only.
I live in Oregon but not technically a resident.
Richard
Thanks for sharing that you're in Oregon. Since you mentioned you're not technically a resident, could you clarify your current residency status? This might help in understanding any jurisdictional issues.
Richard
Also, are the credit cards solely in your name, or are they joint accounts with your wife?
I’ve lived in Oregon for 7 years but my license is in WA.
Richard
Got it, thanks for clarifying that. Since your driver's license is from Washington, but you've lived in Oregon for 7 years, it might affect certain legal aspects.
Richard
Could you let me know if the credit cards are solely in your name, or are they joint accounts with your wife?
And does she have a right to access my Fidelity account which is in my name only? The account contains stocks, Roth IRA and my 401k with an employer. These investments only draw from my checking accounts which are in my name only.
Richard
Based on your situation, there are several legal arguments and considerations in Oregon that could potentially support your case:
- Unauthorized Use of Credit Cards: If the credit cards are solely in your name, your wife may not have the legal right to use them without your permission. Unauthorized use can be considered a form of fraud or theft.
- Access to Financial Accounts: For accounts like your Fidelity account, which are in your name only, your wife generally does not have the right to access or manage these accounts without your explicit consent. This includes your stocks, Roth IRA, and 401(k), especially if they are funded solely from your personal checking accounts.
- Community Property Considerations: Although Oregon is not a community property state, marital assets acquired during the marriage may still be subject to division in a divorce. However, accounts and assets in your name alone, particularly those funded by your separate income, might be treated differently.
Let me know if you have any questions or clarifications.
Is WA a community property state?
Richard
Yes, Washington is a community property state. This means that most property acquired during the marriage is considered jointly owned by both spouses, regardless of whose name is on the title. However, there are exceptions, such as gifts or inheritances given to one spouse.
Sorry, since she lives in Washington?
???
She has only lived in WA for approx 4 months.
Also, have two leased vehicles in my name only. She is currently driving one.
Richard
Ok. If you have any follow-up questions, please let me know.
I am going to file a divorce but at this moment I have not.
Did you see my questions that I asked?
Richard, are you there?
Richard
You asked if Washington was a community property state and I answered. I am not clear what other question you have.
Does she then have a right to use my credit cards? She is not technically a resident of WA.
Richard
Even though Washington is a community property state, your wife's recent move there and her residency status don't automatically grant her the right to use your credit cards without permission. Since the credit cards are in your name only, she generally wouldn't have the legal right to use them unless you explicitly authorized it.
Richard
I hope this helps clarify things! If you have any more questions or need further assistance, feel free to ask. You can always seek further assistance here. Remember, this service provides access to experts. Don't hesitate to reach out whenever you need assistance!
She is currently driving a leased vehicle in my name only. Does she have a right to do so?
Richard
Until you are divorced, yes she can.
Ok, so it sounds like she only has access to my vehicle only currently.
Richard
Yes, it sounds like she currently has access to the vehicle you're leasing. If you have any more questions or need further clarification, feel free to ask. I'm here to help!
Ok, yes.
Richard
Take care.
Disclaimer
By messaging AskaLawyer.com, you agree to our Terms and have read our Privacy Policy.
The information provided on AskaLawyer.com is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and timeliness of the information presented, we make no guarantees regarding its completeness or applicability to your specific circumstances.
Use of this website does not create an attorney-client relationship between you and AskaLawyer.com or any of its attorneys. Communications through this website, including any responses from attorneys, are not privileged or confidential. For advice tailored to your individual situation, we recommend consulting a licensed attorney in your jurisdiction.
AskaLawyer.com disclaims any liability for actions taken or not taken based on the content of this site. We are not responsible for any third-party content that may be accessed through this website. Reliance on any information provided herein is solely at your own risk.