When you and your spouse get married, you may feel like nothing is too personal to share. After all, you have legally tied your life to theirs, so you may not think twice before sharing sensitive information. However, you may be devastated to learn that your spouse is responsible for stealing your identity. As such, understanding your legal options and how to prevent identity theft in the future is critical. If this reflects your circumstances, the following blog and a California domestic identity theft lawyer can help you fight to reclaim your identity.
Why Is Identity Theft From a Spouse Different?
In many instances, identity theft perpetrated by a spouse or partner can result in much deeper emotional harm than if a stranger were to steal your identity. Because spouses have access to personal documents, living spaces, and accounts, a spouse may perpetuate identity theft long before the victim spouse notices. Unfortunately, this can result in damaged credit and legal issues for the victim.
Why Spousal Identity Theft Is Harder to Detect
- Spouses often share access to mail, devices, and financial information, providing the opportunity to hide or manipulate unauthorized activity
- Victims may assume issues are errors rather than fraud
- Emotional connections and trust can delay reporting, resulting in the continuation of financial issues
- Joint accounts can blur responsibility for creditors
One of the most common misconceptions regarding spousal identity theft is that access automatically means authorization. As such, when spouses share devices, passwords, or financial documents, authorization to use that information for personal financial gain, like credit applications or taking out loans, is not automatically granted. When filing disputes, the credit bureaus must determine if the spouse has authorization, not access, to use the information.
What Is Domestic Identity Theft?
Domestic identity theft is the result of someone in a close relationship (often, but not exclusively a spouse), uses their partner’s identity or financial information without consent. This includes taking out loans, making purchases in the victim’s name, or creating credit accounts. It’s important to understand that in many instances, this constitutes financial abuse, especially when used to control or trap a partner.
In California, domestic identity theft is not treated like a misunderstanding or simple dispute between a couple. Using anyone’s personal or financial information, even a spouse’s, without their consent can constitute fraud and identity theft. Law enforcement, creditors, and reporting agencies do not excuse this activity just because it was a spouse who perpetrated the unauthorized account activity. As such, it’s imperative to understand that establishing that the activity was not permitted is critical to reversing the financial damage caused by a spouse.
Common Forms of Domestic Identity Theft
- Opening credit cards using a spouse’s Social Security number
- Opening utility accounts, phone lines, or leases in a partner’s name without authorization
- Using shared passwords to drain accounts
- Filing false tax returns to intercept refunds
What Steps Should You Take If Your Spouse Stole Your Identity?
When you discover that your identity has been compromised in California, it can be incredibly upsetting. However, when you find that your spouse is the perpetrator, you may feel betrayed and heartbroken by their actions. Regardless, it’s important to stay focused and take the necessary steps to mitigate damages and prevent further issues from arising as a result of this theft.
Secure Your Credit and Financial Accounts
Taking these steps immediately can determine whether or not fraudulent accounts are entirely removed from your report rather than remaining as a disputed debt. As such, you should:
- Place a credit freeze or fraud alert with all three of the major credit bureaus
- Contact your financial institution to report the fraud
- Contact affected creditors
- Change passwords and enable multi-factor authentication
Report the Theft and Create a Legal Record
Unfortunately, in California, many victims of spousal identity theft are hesitant to report the theft. However, doing so is imperative to undo financial harm, as creditors and financial institutions require proof that the charges and transactions were unauthorized in order to reverse them.
Because creditors may initially believe the debt to be a shared financial responsibility due to the overlap of names or addresses, you’ll need to ensure you can provide consistent documentation that the activity was unauthorized.
As such, you should consider:
- Filing an identity theft report with the FTC
- File a police report, especially if the accumulated debt is considerable
- Retain copies of all communications and disputes
How Can Domestic Identity Theft Impact Your Future?
Though you may experience the immediate financial impact of identity theft, it’s necessary to understand that this process can have considerable long-term financial consequences. Because identity theft can decimate your credit, you may face difficulty securing mortgages or being approved for a rental unit, loan denials, and even missed employment opportunities.
Long-Term Consequences Victims of Identity Theft Commonly Face
- Low credit scores ultimately impacting housing
- Denial for loans, credit, or refinancing
- Difficulty qualifying for independent financial accounts
- Continual disputes with creditors regarding fraudulent balances
How Can I Prevent Identity Theft in the Future?
As a result of this egregious violation of trust by the person you trust the most, it’s normal to wonder what steps you can take in the future to prevent further instances of identity theft.
Practical Prevention Steps
- Keep documents like your Social Security Card, statements, and passports in a secure, locked container
- Consider paperless billing to reduce paper mail
- Shred outdated and old financial records before disposing of them
- Continue to regularly monitor your credit reports and financial accounts for suspicious activity
Contact an Experienced California Identity Theft Victim Defense Lawyer
Identity theft can be incredibly complex, and navigating the aftermath is often overwhelming. If you are a victim, it’s in your best interest to connect with an experienced attorney who can help guide you through disputing the inclusion of this information on your credit report and reclaiming your identity. At Loker Law, APC, we understand how frustrating these issues can be. Connect with us today to learn how our firm will fight for you.
