If your ex used your credit or personal info without permission, it’s identity theft—plain and simple. At Loker Law, we help Californians fight back, fix their credit, and move forward with confidence.
Key Takeaways:
- Unauthorized use of your credit—even by a spouse or ex—is considered identity theft under California law. You don’t need to justify your suspicion. If they used your personal information without permission, it’s illegal.
- You have the right to dispute inaccurate information on your credit report and seek compensation. Under the Fair Credit Reporting Act, credit bureaus must correct false data—or face legal consequences.
- You don’t have to handle this alone—legal support can help you reclaim your identity and rebuild your credit. From filing reports to suing for damages, Loker Law is here to guide you through every step.
Breakups are tough enough without the added stress of realizing your ex may have done some serious damage to your finances.
Maybe you checked your credit report and found a mystery credit card. Maybe you discovered large purchases you never authorized. Or maybe they outright took your Social Security number and opened accounts in your name.
However it happened, finding out that your ex used your credit without permission is more than frustrating—it can have long-term consequences on your life and your financial opportunities.
You’re not alone, and you do have options. At Loker Law, we help clients across California who are dealing with domestic identity theft, including unauthorized credit use by a spouse or significant other. Here’s what you need to know.
First: Yes, This Is Identity Theft
A lot of people hesitate to call it identity theft when it’s someone they used to trust. But here’s the truth: if your ex used your personal information—like your name, credit card, Social Security number, or banking credentials—without your permission, it’s domestic identity theft.
Even if you were married.
Even if you once shared finances.
Even if they say “you would’ve said yes.”
The law doesn’t care about relationship status when it comes to fraud. If it wasn’t authorized, it’s illegal.
Signs That Your Ex May Have Used Your Credit
Sometimes the signs are obvious. Other times, it takes a bit of digging. Here are a few red flags:
- New accounts you don’t recognize appearing on your credit report
- Large, unexplained purchases on a shared or personal credit card
- Debt collectors calling about charges you didn’t make
- Your credit score suddenly dropping
- Mail showing up for credit accounts you didn’t open
If you suspect anything, it’s worth checking your credit report from all three major agencies—Experian, Equifax, and TransUnion—to get the full picture.
Step 1: Document Everything
Before you make any moves, gather your evidence. Print out credit reports, account statements, and any communications that show the unauthorized activity. If there are emails, texts, or voicemails from your ex admitting what they did—or anything that suggests it wasn’t you—save those too.
This information will be helpful not just for filing disputes with credit bureaus and banks, but also if you decide to pursue legal action.
Step 2: Report the Fraud
Even though it’s a deeply personal situation, you need to treat it like any other identity theft case, because it’s your credit at stake.
- Contact your financial institutions and let them know about the unauthorized charges or accounts. They may freeze or close accounts, issue refunds, or start fraud investigations.
- File a police report with your local law enforcement. This is a tough step, especially when the person responsible is someone you were close to—but it’s often necessary to clear your name.
- File a report with the FTC at IdentityTheft.gov. They’ll walk you through a recovery plan.
- Place a fraud alert or credit freeze on your credit reports to stop additional accounts from being opened in your name.
Step 3: Dispute Inaccuracies on Your Credit Report
Under the Fair Credit Reporting Act (FCRA), you have the right to dispute any inaccurate or fraudulent information on your credit report.
You’ll need to:
- Send a written dispute to each credit bureau (Experian, Equifax, TransUnion)
- Include copies of your evidence and any relevant documentation
- Keep a copy of everything you send
The credit bureaus are legally required to investigate and respond—typically within 30 days. If they don’t fix the issue, or if their investigation is inadequate, you may be able to sue them for failing to correct the record.
This is where having legal representation is invaluable – ideally, you’d meet with a lawyer as soon as you can, and learn about your legal rights and options. At Loker Law, our consumer protection lawyers are experienced in domestic identity theft, and we’re committed to holding credit reporting agencies accountable when they fail to act on legitimate disputes.
Step 4: Consider Your Legal Options
Domestic identity theft is a form of financial abuse—and it’s taken seriously under California law. Depending on the circumstances, you may be able to:
- Press criminal charges against your ex for identity theft or fraud
- Sue for damages if their actions caused financial harm (for example, a lower credit score that led to higher loan interest or job loss)
- Include the financial misconduct in a divorce proceeding, if applicable, especially when dividing assets or requesting spousal support
- File a lawsuit against credit bureaus or banks that failed to act properly on your reports or disputes
We understand this can feel overwhelming—but taking legal action doesn’t mean you have to go it alone. You also may not have to press criminal charges, but you can still pursue civil compensation. Our firm can guide you through every step and fight to restore your credit and your peace of mind.
But What If I Gave Them Access at One Point?
This is a common concern. If you once shared your PIN, login, or card, can you still claim identity theft? The answer is: maybe.
If they took your information and used it after the relationship ended—or used it in a way you clearly didn’t agree to, such as applying for loans in your name—then it could still count as fraud. Courts and credit agencies will consider intent, timing, and authorization, so every case is unique.
That’s why having legal representation can make such a big difference. A good attorney can help you present your case clearly and effectively, even in situations that feel legally murky.
How Loker Law Can Help
At Loker Law, we’ve worked with many clients just like you—people blindsided by someone they once trusted. We know how devastating it is to learn that your ex didn’t just break your heart… they may have broken your financial future, too.
Here’s what we offer:
- Help disputing fraudulent accounts or charges
- Legal action against credit reporting agencies or banks that mishandled your case
- Representation in civil claims against the person who stole your identity
- A clear, step-by-step plan to get your credit—and your life—back on track
You deserve to move forward with confidence, and we’re here to make sure you can.
